Opinion
CIVIL ACTION 00-0406-CB-S.
February 5, 2001.
REPORT AND RECOMMENDATION
Plaintiff, an inmate proceeding pro se, filed a complaint under 42 U.S.C. § 1983 together with a Motion to Proceed Without Prepayment of Fees. This action, which has been referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(c)(4), is before the Court for Plaintiff's failure to prosecute and to obey the Court's order.
Plaintiff filed this action while he was an inmate at the Mobile County Metro Jail. Plaintiff was then transferred to FCI Yazoo City and was released from there on October 6, 2000 (Docs. 13 14). Plaintiff did not advise the Court of his release or his "free-world" address. The Court learned about Plaintiff's release through Defendants' Motion for Extension of Time for Defendants to File Their Special Report (Doc. 13) and the Court contacting FCI Yazoo City to confirm Plaintiff's release and to obtain a "free-world" address for Plaintiff (Doc. 14). The Court was provided a Chunchula, Alabama, address for Plaintiff.
Plaintiff was previously ordered by the Court to advise the Court of any changes in his address (Docs. 4, at 3 8, at 3). Plaintiff was aware of this requirement because he notified the Court of his FCI Yazoo City address (Doc. 6).
Because Plaintiff filed his action while he was a prisoner, he is required to pay the full $150.00 filing fee (Docs. 7 14). At the time of Plaintiff's release, the Court had received a $16.00 partial filing fee. Thus, after Plaintiff's release, the remainder of the filing fee, $134.00, was owed. Plaintiff was ordered by November 20, 2000, to pay this amount or to file a new motion to proceed without prepayment of fees reflecting how he provides for life's basic necessities in order to be allowed to make scheduled payments (Doc. 14). Plaintiff was warned that his failure to comply with the Court's order or to advise the Court immediately of a change in address would result in the dismissal of his action (Doc. 14, at 2).
Plaintiff filed a deficient motion that did not provide the necessary financial information (Doc. 15). Plaintiff's motion was denied, and he was granted leave to file by January 8, 2001, an amended motion that would provide the necessary information (Doc. 16). Plaintiff has not responded to the Court's order, nor is there any indication that Plaintiff did not receive a copy of the Court's order.
Due to Plaintiff's failure to comply with the Court's order, and upon consideration other available alternatives, it is recommended that this action be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute and to obey the Court's order, as no other lesser sanction will suffice. Link v. Wabash R.R., 370 U.S. 626, 630, 82 S.Ct. 1386, 1388-89, 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); World Thrust Films, Inc. v. International Family Entertainment, Inc., 41 F.3d 1454, 1456-57 (11th Cir. 1995); Ballard v. Carlson, 882 F.2d 93 (4th Cir.), 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, 864 F.2d 101, 102 (11th Cir. 1989); Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir. 1985); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1993). Accord Chambers v. NASCO, Inc., 501 U.S. 32, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991) (ruling that federal courts' inherent power to manage their own proceedings authorized the imposition of attorney's fees and related expenses as a sanction); Malautea v. Suzuki Motor Co., 987 F.2d 1536, 1545-46 (11th Cir.) (finding that the court's inherent power to manage actions before it permitted the imposition of fines), cert. denied, 510 U.S. 863, 114 S.Ct. 181, 126 L.Ed.2d 140 (1993).
The attached sheet contains important information regarding objections to this Report and Recommendation.