Opinion
5:20-cv-257-TKW/MJF
01-03-2022
DAESHAWN FREEMAN, Plaintiff, v. CAPTAIN BROWN and LT. BRANCH, Defendants.
ORDER
Michael J. Frank United States Magistrate Judge
This pro se prisoner case is before the court on referral from the clerk of the court. On October 7, 2021, the undersigned ordered Plaintiff to file an amended complaint or a notice of voluntary dismissal. Doc. 18. The undersigned warned Plaintiff that failure to comply with the order likely would result in dismissal of this case for failure to state a claim upon which relief can be granted, failure to comply with a court order, and failure to prosecute. Plaintiff has not complied with the order and has not responded to the show-cause order issued on November 17, 2021. Doc. 19.
The District Court referred this case to the undersigned to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2(C); see also 28 U.S.C. § 636(b)(1)(B), (C); Fed.R.Civ.P. 72(b).
The show-cause order had a 30-day response deadline. The undersigned provided Plaintiff 14 additional days to respond in addition to the show-cause deadline.
Based on the foregoing, the undersigned respectfully RECOMMENDS that:
1. This case be DISMISSED without prejudice for Plaintiff's failure to comply with orders of this court.
2. The clerk of court be directed to close this case file.
“Federal courts possess an inherent power to dismiss a complaint for failure to comply with a court order.” Foudy v. Indian River Cnty. Sheriff's Office, 845 F.3d 1117, 1126 (11th Cir. 2017) (citations omitted); N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss an action, or any claim within it, “[i]f a party fails to comply with an applicable rule or a court order”).