Opinion
Civil Action 00-0738-RV-M.
October 4, 2000.
REPORT AND RECOMMENDATION
Plaintiff initiated this action by filing a letter with an attached copy of her Notice-of-Right-to-Sue (Doc. 1). This action was referred to the undersigned pursuant to 28 U.S.C. § 636 (b)(1)(A) and Local Rule 72.2(d), and is now before the Court for Plaintiff's failure to prosecute and to comply with the Court's Order.
On August 24, 2000, Plaintiff was ordered to complete and file this Court's form for a race and sex discrimination complaint by September 21, 2000 (Doc. 2). The Order was mailed to Plaintiff at 4751 South Campanella Drive, Theodore, Alabama 36582, her last known address. Plaintiff has not responded in any manner to the Court's order, nor has the Order been returned to the Court by postal authorities. Therefore, the Court finds that Plaintiff has abandoned prosecution of this action.
Due to Plaintiff's failure to prosecute and to comply with the Court's Order, and upon consideration of the alternatives that are available to the Court, it is recommended that this action be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure as no other lesser sanction will suffice. Link v. Wabash R. R., 370 U.S. 626, 630, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (interpreting Rule 41(b) not to restrict the court's inherent authority to dismiss sua sponte an action for lack of prosecution); World Thrust Films, Inc. v. International Family Entertainment, Inc., 41 F.3d 1454, 1456-57 (11th Cir. 1995); Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989), cert.denied, Ballard v. Volunteers of America, 493 U.S. 1084, 110 S.Ct. 1145, 107 L.Ed.2d 1049 (1990); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir. 1983); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983). Accord Chambers v. NASCO, Inc., 501 U.S. 32, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991) (ruling that federal courts' inherent power to manage their own proceedings authorized the imposition of attorney's fees and related expenses as a sanction); Malautea v. Suzuki Motor Co., 987 F.2d 1536, 1545-46 (11th Cir. 1993) (finding that the court's inherent power to manage actions before it permitted the imposition of fines),cert. denied, 510 U.S. 863, 114 S.Ct. 181, 126 L.Ed.2d 140 (1993).