From Casetext: Smarter Legal Research

Phinizee v. John E. Polk Correctional Facility

United States District Court, N.D. Florida, Tallahassee Division
Jun 23, 2008
CASE NO. 4:07CV10-MP/AK (N.D. Fla. Jun. 23, 2008)

Opinion

CASE NO. 4:07CV10-MP/AK.

June 23, 2008


REPORT AND RECOMMENDATION


Plaintiff was directed to file an amended complaint on July 2, 2007. (Doc. 9). When no pleading had been filed, a show cause was entered requiring a response on or before March 21, 2008. (Doc. 11). There has been no pleading filed and no further communication from Plaintiff about this case.

A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash Railroad, 370 U.S. 626, 82 S. Ct. 1386, 8 L.Ed2d 734 (1962). Fed.R.Civ.P. 41(b) also authorizes a district court to dismiss an action for failure to obey a court order. Plaintiff has failed to comply with two orders of this Court directing that he file an amended pleading and to show cause as to why his case should not be dismissed. (Docs. 9 and 11).

Consequently, this case should be dismissed.

Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED with prejudice.

IN CHAMBERS at Gainesville, Florida.

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. 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.


Summaries of

Phinizee v. John E. Polk Correctional Facility

United States District Court, N.D. Florida, Tallahassee Division
Jun 23, 2008
CASE NO. 4:07CV10-MP/AK (N.D. Fla. Jun. 23, 2008)
Case details for

Phinizee v. John E. Polk Correctional Facility

Case Details

Full title:TASHA PHINIZEE, Plaintiff, v. JOHN E. POLK CORRECTIONAL FACILITY, et al…

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

Date published: Jun 23, 2008

Citations

CASE NO. 4:07CV10-MP/AK (N.D. Fla. Jun. 23, 2008)