PRICE
v.
WALKER
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The court held that the case should be dismissed without prejudice due to the plaintiff's failure to comply with court orders.
The plaintiff, a pro se prisoner, filed a civil rights complaint and a motion to proceed in forma pauperis. The court granted the motion but assessed …
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Plaintiff, a Florida prisoner proceeding pro se, initiated this action on June 18, 2024, by filing a civil rights complaint and a motion for leave to proceed in forma pauperis. Docs. 1, 2. On June 27, 2024, the undersigned granted Plaintiffs motion for leave to proceed in forma pauperis and assessed an initial partial filing fee of $37.00, to be paid by July 29, 2024. Doc. 4.
To date, Plaintiff has not complied with the order dated June 27, 2024, and has not responded to the 14-day show cause order entered on August 13, 2024, Doc. 5.
Based on the foregoing, the undersigned respectfully RECOMMENDS that:
1. This action be DISMISSED without prejudice for Plaintiff's failure to comply with orders of this court. [fn 1]
2. The clerk of court be directed to close this case file.
At Panama City, Florida, this 11th day of September, 2024.
/s/ Michael J. Frank Michael J. Frank United States Magistrate Judge
NOTICE TO THE PARTIES
The District Court referred this case to the undersigned to make recommendations regarding dispositive matters. See 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 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. A party must serve a copy of any objections on all other parties. A party who fails to object to this 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.
[fn 1]: "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").
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Citator
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- Foudy v. Indian River Cnty. Sheriff's Off., 845 F.3d 1117 (11th Cir. 2017)