DOUSE

v.

DUFFEE

M.D. Fla. | 2023-05-19

No. 2:22-cv-531

District Court, M.D. Florida (2023) Positive Treatment

Opinion of the Court

and ANDREW J. MCGINLEY,

Defendants. /

ORDER

Plaintiff Sammy James Douse, a detainee at the Florida Civil Commitment Center, filed a pro se complaint on August 29, 2022. (Doc. 1). Douse did not pay a filing fee or move to proceed without one. Before dismissing a prisoner’s complaint for failure to pay a filing fee, a court must make a reasonable inquiry into the reason for the failure. Wilson v. Sargent, 313 F. 3d 1315, 1320-21 (11th Cir. 2002). A prisoner’s case should not be dismissed if his failure to pay the filing fee is caused by circumstances beyond his control. Id. at 1321. While Douse is not a prisoner, he similarly On April 25, 2023, the Court ordered Douse to show cause why this case should not be dismissed for failure to prosecute. (Doc. 3). Douse did not respond. The Court will therefore dismiss this action without prejudice. Accordingly, it is now ORDERED: 1. This above-captioned action is DISMISSED without prejudice. 2. The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close this case. DONE AND ORDERED in Fort Myers, Florida on May 19, 2028.

UNITED STATES DISTRICT JUDGE

SA: FTMP-1 Copies: All Parties of Record

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Citator

Authorities Cited

Wilson v. Sargent, 313 F.3d 1315 (11th Cir. 2002)

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