Montgomery v. Daniels et al

Filing 8

MEMORANDUM OPINION AND ORDER, ADOPTING 7 Report and Recommendation and DISMISSING action without prejudice for failure to prosecute and obey the Court's orders. Signed by District Judge Terry F. Moorer on 4/4/2024. (copy to Pltf) (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LUTHER STEVEN MONTGOMERY
JR,
Plaintiff,
vs.
CODY P. DANIELS, et al.,
Defendants.

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CIV. ACT. NO. 1:23-cv-479-TFM-C

MEMORANDUM OPINION AND ORDER
On March 12, 2024, the Magistrate Judge entered a report and recommendation which
recommends this action be dismissed without prejudice for failure to prosecute and to comply with
the court’s orders. See Doc. 7. No objections were filed.
Fed. R. Civ. P. 41(b) authorizes dismissal of a complaint for failure to prosecute or failure
to comply with a court order or the federal rules. Gratton v. Great Am. Commc’ns, 178 F.3d 1373,
1374 (11th Cir. 1999). Further, such a dismissal may be done on motion of the defendant or sua
sponte as an inherent power of the court. Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333,
1337 (11th Cir. 2005). “[D]ismissal upon disregard of an order, especially where the litigant has
been forewarned, generally is not an abuse of discretion.” Vil v. Perimeter Mortg. Funding Corp.,
715 F. App’x 912, 915 (quoting Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)). “[E]ven
a non-lawyer should realize the peril to [his] case, when [he] . . . ignores numerous notices” and
fails to comply with court orders. Anthony v. Marion Cty. Gen. Hosp., 617 F.2d 1164, 1169 (5th
Cir. 1980); see also Moon, 863 F.2d at 837 (As a general rule, where a litigant has been forewarned,
dismissal for failure to obey a court order is not an abuse of discretion.). Therefore, the Court

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finds it appropriate to exercise its “inherent power” to “dismiss [Plaintiff’s claims] sua sponte for
lack of prosecution.” Link v. Wabash R.R. Co., 370 U.S. 626, 630, 82 S. Ct. 1386, 8 L. Ed. 2d 734
(1962); see also Betty K Agencies, Ltd., 432 F.3d at 1337 (describing the judicial power to dismiss
sua sponte for failure to comply with court orders).
Accordingly, after due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Report and Recommendation of
the Magistrate Judge is ADOPTED and this action is DISMISSED without prejudice for failure
to prosecute and obey the Court’s orders.
A separate judgment will issue pursuant to Fed. R. Civ. P. 58.
DONE and ORDERED this 4th day of April, 2024.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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