Warder v. Kramp et al

Filing 53

ORDER dismissing case without prejudice. The Clerk is directed to terminate all pending motions and close the case. Signed by Judge James S. Moody, Jr on 2/10/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MATTHEW D. WARDER,
Plaintiff,
v.

Case No: 8:11-cv-291-T-30TBM

MATTHEW KRAMP, et al.
Defendants.
________________________________/

ORDER
Plaintiff initiated this action on February 11, 2011, by filing a civil rights complaint
pursuant to 42 U.S.C. § 1983. (Doc. 1). However, Plaintiff’s action was stayed pending
the conclusion of the Florida criminal proceedings that formed the basis of his complaint.
(Doc. 4). Plaintiff filed several status reports informing the Court that the criminal
proceedings against him were dismissed and remained inactive. (Docs. 19-23). On July
18, 2014, the Court reopened the case and instructed Plaintiff to serve his amended
complaint upon the defendants against whom he wished to proceed. (Doc. 24).
However, after reviewing the complaint sua sponte pursuant to 18 U.S.C. § 1915A,
the Court determined that Plaintiff’s complaint contained misjoined parties and claims.
(Doc. 32). Accordingly, the Court dismissed Plaintiff’s amended complaint without
prejudice for him to file a second amended complaint within thirty days that complied with
the Federal Rules of Civil Procedure. (Id.). Plaintiff filed a notice of appeal as to the

Court’s order dismissing his amended complaint, but the Eleventh Circuit dismissed the
appeal for lack of jurisdiction. (Docs. 41, 51).
On December 23, 2014, the Court issued an order instructing Plaintiff to file his
second amended complaint within fourteen days and informing Plaintiff that failure to
comply with the order would result in dismissal of his action without further notice. (Doc.
52). On January 5, 2015, the December 23, 2014 Order was returned to the Court as
undeliverable. On January 13, 2015, the Court mailed an additional copy of the order to
an alternate address contained in Plaintiff’s pleadings. As of February 9, 2015, Plaintiff
has failed to file a second amended complaint.
By failing to comply with the Court’s orders and neglecting to keep the Court
informed of a current address, Plaintiff has failed to prosecute this action which has already
been pending for several years. A case cannot be permitted to linger on the Court’s docket
indefinitely.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1. Plaintiff’s action is DISMISSED without prejudice.
2. The Clerk is directed to terminate all pending motions and close the case.
DONE and ORDERED in Tampa, Florida, this 10th day of February, 2015.

Copies furnished to:
Counsel/Parties of Record

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