GASTON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court recommended dismissal of the petition without prejudice due to the petitioner's failure to comply with a court order.
The court ordered the petitioner to either pay the filing fee or file a motion to proceed in forma pauperis and submit his habeas petition on the prop…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To Obey Court Order cases and more on FLexlaw
In an order filed June 11, 2024, the Court directed Petitioner Carlos Jose Gaston to either pay the $5.00 filing fee or, alternatively, file a properly completed motion to proceed in forma pauperis (IFP) by July 11, 2024, if he wished to proceed in federal court. ECF No. 3. The Court also directed him to submit his habeas petition on the proper form by July 11, 2024. Id. The Court specifically warned him that a recommendation would be made that this case be dismissed if he failed to comply with the order. Id. at 5. To date, Petitioner has not complied with the Court's order. A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626 (1962). Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F. 2d 835, 838 (11th Cir. 1989). Because Petitioner Gaston did not comply with an order, this petition should be dismissed without prejudice.
Petitioner shall have a 14-day period after service of this Report and Recommendation in which to file objections. This will also afford Petitioner a final opportunity to show good cause for the failure to respond to the Court's order. Petitioner may do so by filing a motion for reconsideration which will be referred to me by the Clerk.
It is therefore, respectfully RECOMMENDED that this case be DISMISSED without prejudice.
IN CHAMBERS at Tallahassee, Florida, on August 13, 2024.
S/ Martin A. Fitzpatrick
MARTIN A. FITZPATRICK
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court's internal use only and does not control. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a Report and Recommendation, that party waives the right to challenge on appeal the district court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636.
Case No. 4:24cv240-AW/MAF
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (U.S. 1962)
- Moon v. Lanson Newsome, 863 F.2d 835 (11th Cir. 1989)