Opinion
5:21-cv-61-TKW-MJF
06-14-2021
JARROD MCDOWELL, Plaintiff, v. K. DAVIS, 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 upon referral from the clerk of the court. On March 22, 2021, this court ordered Plaintiff to pay the $402.00 fee for filing this civil action, or correct the deficiency in his application to proceed in forma pauperis by filing a signed prisoner consent form and updated account statement. (Doc. 4). The court required Plaintiff to comply with the order on or before April 22, 2021, and warned him that failure to do so likely would result in dismissal of this case. (Id. at 3). Plaintiff has not complied with the order and has not responded to the May 7, 2021, show cause order. (Doc. 5).
Plaintiff's deadline to respond to the show cause order was May 21, 2021. (Doc. 5).
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 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.