Murray v. McNeil

Full title: KENYON MURRAY, Petitioner, v. WALTER A. McNEIL, Respondent

Court: United States District Court, N.D. Florida, Tallahassee Division

Date published: Jul 10, 2008

Case No. 4:07cv373-MP/WCS (N.D. Fla. Jul. 10, 2008)

Opinion

Case No. 4:07cv373-MP/WCS.

July 10, 2008

REPORT AND RECOMMENDATION

WILLIAM SHERRILL JR., Magistrate Judge

This cause is before me upon referral from the Clerk.

In an order filed April 1, 2008, Petitioner was directed to file an amended petition. Doc. 8. On April 25, 2008, Petitioner filed a motion for extension of time, doc. 9, which was granted and he was given until May 30, 2008, to file the amended petition. Doc. 10. When Petitioner failed to file the amendment, an order to show cause was entered on June 12, 2008, and Plaintiff was given 15 days to show cause why his case should not be dismissed for his failure to comply with a court order and was warned of dismissal if he failed to again respond. Doc. 11. To date, no response has been received from the Petitioner.

A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). Fed.R.Civ.P. 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 and cases cited (11th Cir.), cert. denied, 493 U.S. 863 (1989). Since Petitioner has failed to comply with an order or to prosecute this case, this petition should now be dismissed without prejudice.

Petitioner shall have a 15 day period after service of this report and recommendation in which to file objections. This will also afford Petitioner a final opportunity to show good cause for this failure to respond. Plaintiff may do so by filing a motion for reconsideration which will be referred to me by the Clerk.

It is therefore, respectfully RECOMMENDED that this case be DISMISSED without prejudice.

NOTICE TO PARTIES

Within 15 days after being served with a copy of this report and recommendation, a party may serve and file specific, written objections to the proposed findings and recommendations. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.