Opinion
4:20-cv-471-MW/MJF
02-26-2021
HANNAH ISAACS, Plaintiff, v. RON DeSANTIS, Defendant.
REPORT AND RECOMMENDATION
Michael J. Frank United States Magistrate Judge
This civil rights case is before the court on referral from the clerk of the court.On December 16, 2020, this court ordered Plaintiff to pay the $402.00 fee for filing this action. (Doc. 8). The undersigned provided Plaintiff until January 19, 2021, to comply. Plaintiff was warned that failure to comply with the order likely would result in dismissal of this case. (Id. at 2). Despite the order to show cause, Plaintiff has not complied with the order to pay the filing fee. She also failed to respond to the February 1, 2021, show cause order. (Doc. 4).
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).
“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”). A court also may dismiss an action for failure to pay the filing fee. See Wilson v. Sargent, 313 F.3d 1315, 1320, 1321 (11th Cir. 2002); Thomas v. Butts, 745 F.3d 309, 312-13 (7th Cir. 2014).
The undersigned respectfully RECOMMENDS that:
1. This case be DISMISSED without prejudice for Plaintiff's failure to comply with two orders of this court and for failure to pay the filing fee.
2. The clerk of court be directed to close this case file.
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within fourteen (14) days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court's internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge's findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636.