Opinion
Case No. CV416-114
06-28-2016
ROBERT LOUIS DICKINSON, SR., Plaintiff, v. WILLIE ALBERT MILLER, Defendant.
REPORT AND RECOMMENDATION
After preliminarily reviewing Robert Dickinson's initial complaint and in forma pauperis (IFP) application, the Court ordered him to replead and provide additional financial information. Doc. 3. He has since paid the full filing fee, but he failed to amend his Complaint as ordered.
The Complaint, submitted on a preprinted form, contains no "statement of claim." In the "relief section, Dickinson states: "I am asking for the full payment of my trees that was cut of[f] my property [illegible]. Also I am asking for proof of what my trees was sold for. I was told that the trees brought the total of $21,000." Doc. 1 at 5. The Court directed him to supply basic who, what, where, when facts. Doc. 3 at 2-3. He has failed to comply. --------
Consequently, his Complaint should be DISMISSED WITHOUT PREJUDICE for failure to follow a Court order. See doc. 3 at 2-3, 7 (Order warning that failure to comply with the IFP or amendment directives "will result in a dismissal recommendation"); L.R. 41(b); Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333, 1337 (11th Cir. 2005) (district courts may sua sponte dismiss an action pursuant to Fed. R. Civ. P. 41(b) if the plaintiff fails to comply with court rules or a court order); Donaldson v. Clark, 819 F.2d 1551, 1557 n. 6 (11th Cir.1987) (district court has inherent authority to sanction parties for "violations of procedural rules or court orders," up to and including dismissals with prejudice).
SO REPORTED AND RECOMMENDED, this 28th day of June, 2016.
/s/_________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA