Floyd v. Commissioner of Social Security

Filing 25

ORDER adopting Report and Recommendations - re 22 Report and Recommendations. This case is DISMISSED without prejudice for failure to prosecute. The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 4/24/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MIRIAM LUZ FLOYD,
Plaintiff,
v.

Case No: 6:16-cv-813-Orl-41TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation (“R&R,” Doc. 22)
issued by United States Magistrate Judge Thomas B. Smith. Therein, Judge Smith recommends
dismissing this case for failure to prosecute. Plaintiff filed an Objection (Doc. 23), and Defendant
filed a Response (Doc. 24).
As explained in the R&R, Plaintiff’s counsel was permitted to withdraw on the basis that
Plaintiff discharged her. (Mot. to Withdraw, Doc. 14, at 1; Aug. 18, 2016 Order, Doc. 17, at 1). At
that time, Judge Smith advised Plaintiff that she was required to abide by the Federal Rules of
Civil Procedure and the Court’s orders, including complying with deadlines. (Doc. 17 at 1–4).
When Plaintiff failed to file her memorandum in accordance with the scheduling order, Judge
Smith issued an order to show cause as to why this case should not be dismissed for failure to
prosecute. (Jan. 20, 2017 Order, Doc. 19, at 1). Although Plaintiff filed an insufficient Response
(Doc. 20), Judge Smith gave Plaintiff an extension of time to file her memorandum, (Feb. 3, 2017
Order, Doc. 21). The extended deadline was February 24, 2017. Plaintiff again failed to file her
memorandum by the deadline. (Id.). In fact, Plaintiff has yet to file a memorandum.

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In her Objection, Plaintiff indicates that she does not understand the court proceedings, and
she is attempting to find representation. However, Plaintiff has had over seven months to obtain
substitute counsel, (see Doc. 17 at 1 (granting previous attorney’s motion to withdraw on August
18, 2016)), Plaintiff has been warned several times that failure to comply with court deadlines may
result in the dismissal of her case, (id. at 1–4; Doc. 19 at 1; Doc. 21 at 1), and in the three months
since Judge Smith’s first order to show cause, Plaintiff has failed to make any effort to comply
with this Court’s scheduling order.
Although pro se parties are given more leniency than those represented by attorneys, they
are still required to comply with the Federal Rules of Civil Procedure and this Court’s orders.
Plaintiff’s failure to make any effort to comply with this Court’s orders cannot be permitted.
Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 22) is ADOPTED and CONFIRMED
and made a part of this Order.
2. This case is DISMISSED without prejudice for failure to prosecute.
3. The Clerk is directed to close this case.
DONE and ORDERED in Orlando, Florida on April 24, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

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