Opinion
Case No. 4:14cv443-RH/CAS
12-08-2014
JAMES E. ROSS, # 237198 Plaintiff, v. UNITED STATES, Defendant.
REPORT AND RECOMMENDATION
This cause is before me upon referral from the Clerk. In an Order filed November 6, 2014, Plaintiff was directed to supplement his IFP motion with his inmate bank statement by December 5, 2014. Doc. 14. On November 20, 2014, Plaintiff's copy of that order was returned to the clerk undelivered. Doc. 16. A check with Leon County Jail revealed that the Plaintiff was released from custody. To date, Plaintiff has not provided the Court with a new address.
A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962); Chambers v. NASCO, Inc., 501 U.S. 32, 44, 111 S. Ct. 2123, 2132, 115 L. Ed. 2d 27 (1991). Also, Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 (11th Cir. 1989), cert. denied, 493 U.S. 863 (1989), and cases cited; Phipps v. Blakeney, 8 F.3d 788, 790 (11th Cir. 1993). Plaintiff did not comply with a court order or prosecute this case. This action should now be dismissed.
Plaintiff shall have a 14 day period after service of this Report and Recommendation in which to file objections. This will also afford Plaintiff a final opportunity to show good cause for his failure to respond. Alternatively, Plaintiff may also file a "motion for reconsideration" which will be referred to me by the Clerk.
It is therefore, respectfully RECOMMENDED that this case be DISMISSED without prejudice.
IN CHAMBERS at Tallahassee, Florida, on December 8, 2014.
s/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
A party may file specific, written objections to the proposed findings and recommendations within 14 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 14 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.