HOLTON
v.
COLLIER COUNTY CODE ENFORCEMENT
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The District Court dismissed Holton's action against Collier County Code Enforcement for failure to comply with a court order requiring payment of the filing fee or a motion to proceed in forma pauperis within 21 days.
The Court dismissed the action without prejudice under Rule 41(b) and the Court's inherent authority to manage its docket, based on Plaintiff's failure to comply with the March 1, 2024 order.
[1] A district court may dismiss an action sua sponte for a plaintiff's failure to prosecute or obey a court order.
[2] Failure to pay a filing fee or move to proceed in forma pauperis within the time allotted by the court can result in dismissal without prejudice.
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Join FLexlaw to unlock all legal intelligence“A district court may dismiss a plaintiff's claims pursuant to Rule 41(b) or the court's inherent authority to manage its docket.”
Establishes the legal basis for the court's authority to dismiss for non-compliance with court orders.
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Join FLexlaw to unlock all legal intelligenceOn March 1, 2024, the Court ordered Plaintiff to pay the filing fee or move to proceed in forma pauperis within 21 days, with notice that failure to c…
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This matter is before the Court on review of the file. On March 1, 2024, the Court ordered Plaintiff to pay the filing fee for this action or move to proceed in forma pauperis within twenty-one (21) days, noting that failure to do so would result in the dismissal of the action, without prejudice, without further notice. Doc. 9. Because Plaintiff failed to respond, this action is now due to be dismissed without prejudice.
A district court may dismiss a plaintiff's claims pursuant to Rule 41(b) or the court's inherent authority to manage its docket. Betty K Agencies, Ltd. v. M/V MONADA, 432 F. 3d 1333, 1337 (11th Cir. 2005). Under Rule 41(b), “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it." Fed. R. Civ. P. 41(b). The Eleventh Circuit has recognized that a district court may dismiss an action sua sponte for the plaintiff's failure to prosecute her case or obey a court order under Rule 41(b). Betty K Agencies, Ltd., 432 F. 3d at 1337. The Court directed Plaintiff to pay the filing fee for
this action or move to proceed in forma pauperis by March 22, 2024. Plaintiff has failed to comply with the Court's order or seek an extension of time.
Accordingly, it is ORDERED:
1. This action is DISMISSED, without prejudice. 2. The Clerk is directed to terminate all pending motions and deadlines and to CLOSE this case.
DONE and ORDERED in Tampa, Florida on April 30, 2024.
Charlene Edwards Honeywell Charlene Edwards Honeywell United States District Judge
Copies furnished to: Counsel of Record Unrepresented Parties