Opinion
CASE NO. 4:14cv483-MW/CAS
12-11-2014
CATHERINE T. TONEY, #08375-003 Petitioner, v. WARDEN OF FCI TALLAHASSEE, Respondent.
REPORT AND RECOMMENDATION
This cause is before me upon referral from the Clerk. In an order filed September 22, 2014, Petitioner was directed to file either pay the $5.00 filing fee or, alternatively, file a motion to proceed in forma pauperis, as well as an Amended Petition by October 22, 2014. Doc. 3. Petitioner was specifically warned that a recommendation would be made that this case would be dismissed if he failed to comply with that order. To date, no response has been received from the Petitioner.
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). Fed. R. Civ. P. 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 and cases cited (11th Cir.), cert. denied, 493 U.S. 863 (1989). Petitioner did not comply with an order or to prosecute this case. As a result, his petition should be dismissed without prejudice.
Petitioner shall have a 14 day period after service of this report and recommendation in which to file objections. This will also afford Petitioner a final opportunity to show good cause for this failure to respond. Petitioner may do so by filing 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 11, 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.