Williams v. Reece et al (MAG+)

Filing 7

ORDER: it is ORDERED that, on or before July 19, 2024, Plaintiff shall EITHER 1) show cause, in writing, why this case should not be dismissed for failure to prosecute, OR 2) proceed under Rule 55 of the Federal Rules of Civil Procedure by seeking entry of default and default judgment, OR 3) file a written notice that he wishes to voluntarily dismiss this action. Signed by Magistrate Judge Jerusha T. Adams on 7/2/2024. (mailed regular mail & CMRRR to pro se PLF)(CWL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
TOMMY KENDRICK WILLIAMS,
Plaintiff,
v.
LT. DEPUTY TRACEY REECE and
SHERIFF TYRONE SMITH,
Defendants.

)
)
)
)
) CASE NO. 2:24-cv-287-ECM-JTA
) (WO)
)
)
)
)
ORDER

Pro se Plaintiff Tommy Kendrick Williams filed the complaint (Doc. No. 1) on May
14, 2024. The docket sheet reflects that both Defendants were served on May 24, 2024.
(Doc. No. 6.) Unless Defendants timely waived service, 1 Defendants were obligated to
answer or otherwise respond to the complaint not later than June 14, 2024. See Fed. R. Civ.
P. 12(a)(1)(A), (b), (e). No answer or other response has been filed. Plaintiff has not moved
for entry of default or for default judgment. See Fed. R. Civ. P. 55(a)-(c). No motions are
pending. The case is at a standstill.
This court is obliged to manage its docket to ensure the just, speedy, and efficient
resolution of the cases before it. See Dietz v. Bouldin, 579 U.S. 40, 45, 47 (2016) (invoking
“Rule 1 [of the Federal Rules of Civil Procedure]’s paramount command: the just, speedy,
and inexpensive resolution of disputes” and the federal courts’ inherent powers “to manage

1

The record does not contain evidence that service was timely waived.

their dockets and courtrooms with a view toward the efficient and expedient resolution of
cases”); Chambers v. NASCO, Inc., 501 U.S. 32, 43, (1991) (holding that federal courts are
vested with inherent powers that are “‘governed not by rule or statute but by the control
necessarily vested in courts to manage their own affairs so as to achieve the orderly and
expeditious disposition of cases’” (quoting Link v. Wabash R. Co., 370 U.S. 626, 630–631
(1962)). In accordance with these responsibilities, the court will not allow cases to sit
dormant on its docket for no apparent reason. This is Plaintiff’s case, and it is his
responsibility to prosecute it if he wishes to pursue it. See Sullivan v. Prattville Health &
Rehab., LLC, No. 3:22-CV-702-RAH-JTA, 2024 WL 2755683, at *6 (M.D. Ala. May 29,
2024) (recommendation of the magistrate judge) (“[A] pro se party must take responsibility
for the obligations to which he committed when he filed the case and complete his required
filings by the applicable deadlines.”).
Plaintiff is ADVISED that, even as a pro se litigant, he must comply with this
court’s orders, the court’s local rules, 2 and the Federal Rules of Civil Procedure, 3 just as
any other litigant must do. Municipality of Dothan v. Hammond, No. 1:24-CV-289-ECMJTA, 2024 WL 2378870, at *1 n.1 (M.D. Ala. May 22, 2024) (“[T]hough he is pro se, [a
litigant] is required to comply with court orders and the Federal Rules of Civil Procedure.”

2

The Local Rules for the United States District Court for the Middle District of Alabama may be
found on the court’s website at https://www.almd.uscourts.gov/alabama-middle-district-localrules.
3

The Federal Rules of Civil Procedure may be found on the court’s website at
https://www.almd.uscourts.gov/representing-yourself. They may also be found at
https://www.almd.uscourts.gov/about/rules-orders-procedures.
2

(citing Maus v. Ennis, 513 F. App’x 872, 878 (11th Cir. 2013))). Plaintiff is further
ADVISED that failure to prosecute this case or failure to comply with court orders may
result in sanctions, including monetary sanctions or the dismissal of this case with or
without prejudice. See Smith v. Circle K., Inc., No. 2:23-CV-78-MHT-JTA, 2023 WL
6849992, at *2 (M.D. Ala. Oct. 17, 2023), report and recommendation adopted, No. 2:23CV-78-MHT, 2023 WL 7287880 (M.D. Ala. Nov. 3, 2023).
Accordingly, it is ORDERED that, on or before July 19, 2024, Plaintiff shall
EITHER
1.

show cause, in writing, why this case should not be dismissed for failure to
prosecute, OR

2.

proceed under Rule 55 of the Federal Rules of Civil Procedure by seeking
entry of default and default judgment, OR

3.

file a written notice that he wishes to voluntarily dismiss this action.

Failure to timely comply with this Order may result in sanctions, including
dismissal of this action with or without prejudice.
DONE this 2nd day of July, 2024.

___________________________________
JERUSHA T. ADAMS
UNITED STATES MAGISTRATE JUDGE

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