Opinion
Civil Action No. 00-571-P-S
July 20, 2000
RECOMMENDATION OF MAGISTRATE JUDGE
On June 22, 2000, this Court entered an Order (Doc. 3) noting various deficiencies in Plaintiff's Complaint (Doc. 1) and Plaintiff's Motion to Proceed Without Prepayment of Fees and Costs (Doc. 2). Because of those deficiencies, Plaintiff's Motion to Proceed Without Prepayment of Fees and Costs was denied and Plaintiff was ordered to file by July 14, 2000, a corrected and completed motion, and Plaintiff was ordered by July 14, 2000, to file an amended complaint curing the deficiencies noted in the Court's order. Plaintiff was encouraged to contact the Lawyer Referral Service of the Mobile Bar Association for legal advice and assistance and was given the telephone number for that service. Four days after the Court's deadline, on July 18, 2000, Plaintiff filed another Motion to Proceed Without Prepayment of Fees and Costs (Doc. 4) which contains the same deficiencies noted in this Court's Order of June 22, 2000.
Due to the Plaintiff's 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).