Daniel v. Talladega County Sheriff's Department et al

Filing 65

MEMORANDUM OPINION AND ORDER DISMISSING WITH PREJUDICE Defendant Michelle Sims as set out herein. Signed by Chief Judge Karon O Bowdre on 11/7/2018. (JLC)

FILED
2018 Nov-07 PM 04:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
LACEY DANIEL,
Plaintiff,
v.
TALLADEGA COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendant.

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Case No. 1:17-CV-1076-KOB

MEMORANDUM OPINION AND ORDER
This matter comes before the court on an Order for Plaintiff to show cause why
Defendant Michelle Sims should not be dismissed. (Doc. 60). On April 2, 2018, Defendant
Dominique Bridges moved this court to dismiss her from this case on the ground that Plaintiff’s
complaint was untimely. (Doc. 45). This court granted Defendant Bridges’ motion and dismissed
her. (Doc. 59). Defendant Michelle Sims is identically situated to Defendant Bridges but has not
filed a motion to dismiss.
This court has the “inherent power to dismiss a suit that lacks merit only when the party
who brought the case has been given notice and an opportunity to respond.” Jefferson Fourteenth
Associates v. Wometco de Puerto Rico, Inc., 695 F.2d 524, 526 (11th Cir. 1983); see also Levitan
v. Patti, 2011 WL 1299947, at *4–5 (N.D. Fla. Feb. 8, 2011). On September 10, this court gave
Plaintiff Lacey Daniel an opportunity to respond, ordering Ms. Daniel to show cause why this
court should not sua sponte dismiss Defendant Michelle Sims, who is identically situated to
Defendant Bridges, because the complaint is untimely. (Doc. 60).

Ms. Daniel has not responded to the Order, and this court has not found any reason the
claim against Defendant Sims differs substantively from the already dismissed Dominique
Bridges.
The court therefore DISMISSES WITH PREJUDICE Ms. Daniel’s claim against
Defendant Michelle Sims as untimely because she failed to exercise proper diligence in serving
Ms. Sims and thus failed to qualify for equitable tolling. (See Doc. 58).
DONE and ORDERED this 7th day of November, 2018.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE