ASHTON
v.
PARKER HOUSE PROPERTIES, INC.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to prosecute.
Plaintiff sued for due process violations and housing discrimination. The court granted leave to proceed in forma pauperis but dismissed the complaint…
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Pro se Plaintiff Carl Ashton sues Parker House Properties, Inc., alleging it violated his due process rights through housing discrimination. (Doc. 1.) Ashton's complaint came with a motion to proceed in forma pauperis. (Doc. 2.) The motion was granted in part, with the Court finding Ashton was financially eligible to proceed in forma pauperis but did not state a claim under § 28 U.S.C. 1915(e)(2). (Doc. 4-6.). (Doc. 6.) So the Court sua sponte dismissed the complaint and provided Ashton an opportunity to amend by August 23, 2024. (Id. at 6.)
Among other things, Ashton was directed to plead facts illustrating the Court's subject-matter jurisdiction and provide “a short and plain statement” showing he is “entitled to relief.” (Id. at 4-6.) The Court also warned Ashton that failing to file an amended complaint would result in a recommendation that this case be dismissed. (Id. at 6.) Ashton did not respond or amend.
Ignoring the Court's order is grounds for dismissal. “A plaintiffs failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay." M.D. Fla. R. 3.10. Similarly, the Court has the “inherent power” to dismiss a case for lack of prosecution under its authority to manage its docket. Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962).
Ashton has not diligently prosecuted this case. He ignored the Court's order and refuses to file an amended complaint. These actions show a lack of interest. Thus, the Court should dismiss this matter without prejudice.
Recommended in Fort Myers, Florida on August 30, 2024.
Kyle C. Dudek United States Magistrate Judge
Copies: All Parties of Record
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. To expedite resolution, parties may file a joint notice waiving the 14-day objection period.