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Porter v. City of Gainesville

United States District Court, N.D. Florida, Gainesville Division
Jun 23, 2008
CASE NO. 1:07CV157-MP/AK (N.D. Fla. Jun. 23, 2008)

Opinion

CASE NO. 1:07CV157-MP/AK.

June 23, 2008


REPORT AND RECOMMENDATION


Plaintiff was directed to file an amended complaint on or before February 22, 2008. (Doc. 12). He requested and was granted additional time, (docs. 14 and 15), through April 4, 2008, but as of this date there has been no pleading filed, and Plaintiff failed to respond to a show cause order entered on May 22, 2008. (Doc. 16).

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 pay an initial filing fee and to show cause as to why his case should not be dismissed. (Docs. 12 and 16).

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

Porter v. City of Gainesville

United States District Court, N.D. Florida, Gainesville Division
Jun 23, 2008
CASE NO. 1:07CV157-MP/AK (N.D. Fla. Jun. 23, 2008)
Case details for

Porter v. City of Gainesville

Case Details

Full title:TOMMY LEE PORTER, Plaintiff, v. CITY OF GAINESVILLE, et al, Defendants

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

Date published: Jun 23, 2008

Citations

CASE NO. 1:07CV157-MP/AK (N.D. Fla. Jun. 23, 2008)