Opinion
5:21-cv-89-RV-MJF
07-19-2021
TARRUS HAKEEM KELLY, Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS, et al., Defendants.
REPORT AND RECOMMENDATION
Michael J. Frank, United States Magistrate Judge
This prisoner civil rights case, filed under 42 U.S.C. § 1983, is before the court on referral from the clerk of the court. On April 22, 2021, this court ordered Plaintiff to file the following by May 24, 2021: (1) a notice of voluntary dismissal; or (2) an amended civil rights complaint on the Northern District form accompanied by either the $402.00 filing fee or a complete application to proceed in forma pauperis. (Doc. 4). The court warned Plaintiff that failure to comply timely with its order likely would result in dismissal of this case. (Id. at 3). Plaintiff has not complied with the order and has not responded to the June 14, 2021, show cause order. (Doc. 7).
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).
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.
“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 Off., 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”).
2. The clerk of the court be directed to close this case file. At Pensacola, Florida, this 19th day of July, 2021.
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.