MARCIA THOMAS
v.
BOND COMMUNITY HEALTH CENTER, ET AL.
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The court held that dismissal without prejudice is appropriate due to the plaintiff's failure to comply with court orders and prosecute the action.
[1] A district court may dismiss a civil action sua sponte for failure to prosecute under Federal Rule of Civil Procedure 41(b) when a party fails to comply with applicable r…
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Join FLexlaw to unlock all legal intelligence“Federal courts possess an inherent power to dismiss a complaint for failure to comply with a court order.”
Court citing Foudy v. Indian River Cnty. Sheriff's Off., 845 F.3d 1117, 1126 (11th Cir. 2017) to establish the legal basis for dismissal.
The plaintiff failed to comply with two court orders: one requiring an amended complaint and another ordering her to show cause for her non-compliance…
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Because Plaintiff failed to comply with two court orders and failed to prosecute this action, the District Court should dismiss this action without prejudice.
BACKGROUND
Because Plaintiff's complaint violated Rules 8 and 10 of the Federal Rules of Civil Procedure, on October 7, 2025, the undersigned ordered Plaintiff to file an amended complaint. Doc. 8. The undersigned imposed a compliance deadline of October 28, 2025, and warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. Plaintiff did not comply with that order.
On November 17, 2025, the undersigned ordered Plaintiff to show cause for her failure to comply with the undersigned's order of October 7, 2025. Doc. 9. The undersigned imposed a deadline of December 1, 2025, to comply and again warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. Plaintiff has not complied with that order.
DISCUSSION
"Federal courts possess an inherent power to dismiss a complaint for failure to comply with a court order." Foudy v. Indian River Cnty. Sheriff's Off., 845 F. 3d 1117, 1126 (11th Cir. 2017) (citations omitted); N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss an action, or any claim within it, "[i]f a party fails to comply with an applicable rule or a court order"). A district court also may dismiss a civil action sua sponte for failure to prosecute. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S. 626, 632 (1962). Plaintiff has failed to comply with two court orders. Plaintiff has offered no excuse for her failures and, consequently, has not shown good cause. Accordingly, dismissal of this civil action is appropriate.
CONCLUSION
Because Plaintiff failed to comply with court orders and failed to prosecute this action, the undersigned respectfully RECOMMENDS that the District Court:
1. DISMISS this action without prejudice. 2. DIRECT the clerk of the court to close the case file.
At Pensacola, Florida, this 16th day of December, 2025.
Is/ Michael J. Frank Michael J. Frank United States Magistrate Judge
NOTICE TO THE PARTIES
The District Court referred this case to a magistrate judge to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. § 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). 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 the objections on 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 unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636.
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Citator
Authorities Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (U.S. 1962)
- Foudy v. Indian River Cnty. Sheriff's Off., 845 F.3d 1117 (11th Cir. 2017)