Opinion
Civil Action No. 00-0481-P-S
July 10, 2000
RECOMMENDATION OF MAGISTRATE JUDGE
On June 5, 2000, following review of Plaintiff's "Complaint/Appeals" (Doc. 1) and Plaintiff's Motion to Proceed Without Prepayment of Fees (Doc. 2), this Court entered an Order (Doc. 3) denying Plaintiff's Motion to Proceed Without Prepayment of Fees and granting Plaintiff leave to refile a complaint on or before July 5, 2000, which properly states the basis for Plaintiff's claim and establishes that this Court has jurisdiction to hear this Social Security appeal. Plaintiff was encouraged to seek the advice of counsel before refiling the complaint and was given the telephone number for the Lawyer Referral Service of the Mobile Bar Association. As of the date of this present recommendation, Plaintiff has failed to respond.
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).