Opinion
2:21-CV-587-WHA-CSC
10-03-2022
EDDIE LEWIS EDWARDS, #261785, Plaintiff, v. CHRISTIAN ROBINSON, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
CHARLES S. COODY, UNITED STATES MAGISTRATE JUDGE.
Plaintiff Eddie Lewis Edwards initiated this pro se 42 U.S.C. § 1983 action in July 2021. See Doc. 1. On September 7, 2021, the Court issued an Order directing Plaintiff to either pay the requisite filing and administrative fees or move to proceed in forma pauperis by September 27, 2021. Doc. 2. The Court specifically cautioned Plaintiff that his failure to comply would result in a Recommendation that this case be dismissed. However, more than a year has passed since the deadline, and Plaintiff has not paid the requisite fees, moved to proceed in forma pauperis, or otherwise responded to the Court's September 7 Order.
Under the prison mailbox rule, a pro se prisoner's court filing is deemed filed on the date it is delivered to prison authorities for mailing. See Garvey v. Vaughn, 993 F.2d 776, 783 (1993). Absent evidence to the contrary, the Court must “assume that a prisoner delivered a filing to prison authorities on the date that he signed it.” Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014).
Because of Plaintiff's failure to comply, the undersigned concludes this case should be dismissed without prejudice. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (noting that “dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion”) (citations omitted). The authority of courts to impose sanctions for failure to prosecute or obey an order is longstanding and acknowledged by Rule 41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash R. Co., 370 U.S. 626, 629-30 (1962). This authority “is necessary in order to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars of the District Courts.” Id. It further empowers the courts “to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Id. at 630-31. In this instance, where Plaintiff failed to pay the requisite fees at the time of filing or within the time allotted by the Court, the undersigned finds that sanctions lesser than dismissal would not suffice. See Mingo v. Sugar Cane Growers Co-Op of Fla., 864 F.2d 101, 102 (11th Cir. 1989).
Accordingly, based on the foregoing, the undersigned RECOMMENDS this case be DISMISSED without prejudice.
It is further ORDERED that, on or before October 17, 2022, the parties may file objections to this Recommendation. The parties must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made. Frivolous, conclusive, or general objections will not be considered by the Court. The parties are advised that this Recommendation is not a final order and, therefore, is not appealable.
Failure to file written objections to the Magistrate Judge's findings and recommendations in accordance with 28 U.S.C. § 636(b)(1) will bar a party from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waive the right of the party to challenge on appeal the District Court's order based on unobjected-to factual and legal conclusions accepted or adopted by the District Court except on grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); 11th Cir. R. 3-1. See Stein v. Reynolds Sec., Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, Ala., 661 F.2d 1206 (11th Cir. 1981) (en banc).