“The court may dismiss an action sua sponte under [Federal Rule of Civil Procedure 41(b)] for failure to prosecute or failure to obey a court order.”
How later courts described this case
- “The court may dismiss an action sua sponte under [Federal Rule of Civil Procedure 41(b)] for failure to prosecute or failure to obey a court order.”
- “[D]ismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
MATTHEW A. TOBIN,
Plaintiff,
v. Case No. 3:25cv69-TKW-HTC
RICKY DIXON,
Defendant.
_____________________/
REPORT AND RECOMMENDATION
On February 5, 2025, the Court ordered Plaintiff Matthew A. Tobin to, within
twenty-one days, file an amended complaint on the Northern District of Florida’s
complaint form and either pay the $405 filing fee or file a motion to proceed in forma
pauperis. Doc. 3. The Court warned Tobin that his failure to comply with the
February 5 Order could result in a recommendation that this case be dismissed. After
Tobin failed to comply with the February 5 Order within the allotted time, the Court
ordered him on March 6, 2025, to show cause within fourteen days why this case
should not be dismissed. Doc. 4.
To date, Tobin has not responded to the March 6 Order or complied with the
February 5 Order. Based on the foregoing, dismissal of this case is appropriate. See
Brown v. Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th Cir. 2006) (“The
court may dismiss an action sua sponte under [Federal Rule of Civil Procedure
41(b)] for failure to prosecute or failure to obey a court order.”) (citations omitted);
Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (“[D]ismissal upon disregard
of an order, especially where the litigant has been forewarned, generally is not an
abuse of discretion.”) (citations omitted).
Accordingly, it is RECOMMENDED:
1. That this case be DISMISSED WITHOUT PREJUDICE due to Tobin’s
failure to prosecute and failure to comply with Court orders.
2. That the clerk close the file.
At Pensacola, Florida, this 27th day of March, 2025.
/s/ Hope Thai Cannon
HOPE THAI CANNON
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within
fourteen (14) days of the date of the Report and Recommendation. Any different
deadline that may appear on the electronic docket is for the court’s internal use only
and does not control. An objecting party must serve a copy of its objections upon
all other parties. A party who fails to object to the magistrate judge’s findings or
recommendations contained in a report and recommendation waives the right to
challenge on appeal the district court’s order based on the unobjected-to factual and
legal conclusions. See 11th Cir. Rule 3-1.