Opinion
Civil Action No. 00-0438-CB-S
September 7, 2000
RECOMMENDATION OF MAGISTRATE JUDGE
On August 24, 2000, the undersigned Magistrate Judge entered an order directing Plaintiff to complete and file this Court's form for a Motion to Proceed Without Prepayment of Fees. This Court also informed Plaintiff that failure to comply with this Order within the prescribed time or to notify the Court immediately of a change in address would result in the dismissal of this action for failure to prosecute and to obey the Court's Order. The Order was mailed to Plaintiff at the address provided to this Court by Plaintiff. The Order and envelope containing the Order was returned to the Court as undeliverable. As such, this Court is unable to communicate with Plaintiff because Plaintiff has failed to provide a proper address.
Due to the Plaintiffs failure to comply with this Court's Order and to prosecute this action, and upon consideration of the alternatives which are available to the Court, it is the undersigned's recommendation that this action be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure as no other lesser sanction will suffice. Link v. Wabash Railroad Co., 370 U.S. 626, 630, 82 S.Ct. 1386, 8 L.Ed.2d 734, 738 (1962) (interpreting Rule 41(b) not to restrict the Court's inherent authority to dismiss sua sponte an action for lack of prosecution); Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989) cert. denied, Ballard v. Volunteers of America, 493 U.S. 1084, 110 S.Ct. 1145, 107 L.Ed.2d 1049 (1990); Mingo v. Sugar Cane Growers Co-op of Florida, 864 F.2d 101 (11th Cir. 1989); Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir. 1985); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983).Accord Chambers v. NASCO, Inc., 501 U.S.32, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991) (federal courts' inherent power to manage their own proceedings authorized the imposition of attorneys fees and related expenses as a sanction); Davis v. Jones. C. A. No. 90-0658-BH-S (S.D. Alabama June 17, 1993) (dismissal for failure to prosecute), aff'd 15 F.3d 1096 (11th Cir. 1995) (Table Citation).
The attached sheet contains important information regarding objections to this recommendation.