“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
GAINESVILLE DIVISION
RICHARD DANIEL VAUGHN,
Plaintiff,
v. Case No. 1:25cv225-TKW-HTC
D.S. WALDECK, et al.,
Defendants.
___________________________/
REPORT AND RECOMMENDATION
On August 8, 2025, the Court ordered Plaintiff Richard Daniel Vaughn to,
within twenty-one days, either submit three service copies of his complaint (Doc. 1)
or pay $19.50 to the Court so the clerk could make the three service copies for him.
Doc. 5. The Court also warned Vaughn that his failure to comply with the August 8
Order could result in a recommendation that this case be dismissed. After Vaughn
failed to comply within the allotted time, the Court ordered him on September 5,
2025, to show cause within fourteen days why this case should not be dismissed due
to his failure to comply with the August 8 Order. Doc. 6.
To date, Vaughn has not responded to the September 5 Order or complied
with the August 8 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
Vaughn’s failure to comply with Court orders.
2. That the clerk close the file.
At Pensacola, Florida, this 25th day of September, 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.