Swinson v. Fed Ex National LTL Corporate Headquarters

Filing 17

ORDER dismissing case without prejudice for failure to prosecute, directing clerk to terminate pending motions and close the file. Signed by Judge Timothy J. Corrigan on 4/11/2012.(SRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SHAUN DEION SWINSON, SR.,
Plaintiff,
v.

CASE NO.: 3:09-cv-608-J-32TEM

FED EX NATIONAL LTL CORPOATE
HEADQUARTERS,
Defendant.
________________________________________

ORDER
This case is before the Court on Defendant Fedex National, LTL, Inc.’s Motion to
Dismiss and Motion to Quash Service of Process (Doc. 13). Despite being given ample
opportunity to respond, see Order Mandating Plaintiff’s Response (Doc. 14) and Order
Granting Plaintiff’s Motion for Extension of Time to File Response (Doc. 16), and a warning
that failure to respond would likely result in the dismissal of his case for failure to prosecute,
Plaintiff Shaun Deion Swinson, Sr. has declined to respond to Defendant’s motion.
“The [C]ourt may dismiss a claim if the plaintiff fails to prosecute it or fails to comply
with a [C]ourt order.” Equity Lifestyle Prop. Inc. v. Fla. Mowing & Landscape, 556 F.3d 1232,
1240 (11th Cir. 2009). Here Plaintiff has not prosecuted his case, nor has he complied with
the Court’s orders to file a response to Defendant’s motion. Thus, the case is due to be
dismissed for failure to prosecute.1

1

Defendant’s motion appears to contain meritorious arguments. However, because
the Court dismisses Plaintiff’s claim for failure to prosecute, it need not address the
substance of Defendant’s motion. Also, a review of the record leaves the Court uncertain
as to whether it has jurisdiction. Again, because the Court dismisses Plaintiff’s claim for

Accordingly, it is hereby
ORDERED:
This action is DISMISSED without prejudice due to failure to prosecute. The clerk
is directed to terminate all pending motion and close the file.
DONE and ORDERED in Chambers in Jacksonville, Florida, this 11th day of April,
2012.

kh.
copies to:
pro se plaintiff
counsel of record

failure to prosecute, it declines to discuss further any jurisdictional issues.
2