Opinion
Civil Action 98-0007-P-S
June 15, 2000
REPORT AND RECOMMENDATION
Plaintiff, an Alabama prison inmate proceeding pro se, filed a complaint under 42 U.S.C. § 1983 together with a Motion to Proceed Without Prepayment of Fees (Doc. 3). This action was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B), and Local Rule 72.2, and is now before the Court for Plaintiff's failure to prosecute and to comply with the Court's order.
A review of the Court file reflects that on May 3, 2000, the Court ordered Plaintiff to inform the Court by May 31, 2000, if he wanted to proceed with the prosecution of this action. Plaintiff was warned that his failure to respond would be considered by the Court as an abandonment of the prosecution of this action by him and that the action would be dismissed. The order was mailed to Plaintiff at Fountain Correctional Facility and has not been returned to the Court by postal authorities as undelivered. On May 8, 2000, the Court received the return receipt card showing delivery to Plaintiff on May 5, 2000 (Doc. 15). To date, Plaintiff has not responded to the Court's Order.
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 with 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. 1985); 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 the 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),cert. denied, 510 U.S. 683, 114 S.Ct. 181, 126 L.Ed.2d 140 (1993) (finding that the court's inherent power to manage proceedings before it permitted the imposition of fines).