Anderson Puckett v. Ain Jeem, Inc. et al

Filing 9

ORDERED: This action is DISMISSED, without prejudice. The Clerk of Court is directed to terminate all motions and deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 11/17/2021. (JDE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARCELLA ANDERSON PUCKETT,
Plaintiff,
v.

Case No: 8:21-cv-1834-CEH-SPF

AIN JEEM, INC., BRICKELL IP
GROUP PLLC and ACKERMAN,
Defendants.
ORDER
This matter is before the Court upon periodic review. Because Plaintiff has
failed to timely file an Amended Complaint, despite being given the opportunity to do
so, this action is due to be dismissed without prejudice.
DISCUSSION
A district court may dismiss a plaintiff’s claims pursuant to Rule 41(b) or the
court’s inherent authority to manage its docket. Betty K Agencies, Ltd. v. M/V
MONADA, 432 F.3d 1333, 1337 (11th Cir. 2005). Under Rule 41(b), “[i]f the plaintiff
fails to prosecute or to comply with these rules or a court order, a defendant may move
to dismiss this action or any claim against it.” Fed. R. Civ. P. 41(b). The Eleventh
Circuit has recognized that a district court may dismiss an action sua sponte for the
plaintiff’s failure to prosecute her case or obey a court order under Rule 41(b). Betty K
Agencies, Ltd., 432 F.3d at 1337.

On October 19, 2021, the Court adopted the Magistrate Judge’s Report and
Recommendation and dismissed, without prejudice, Plaintiff’s Complaint. Doc. 8.
The Court granted Plaintiff leave to file an amended complaint on or before November
9, 2021 that conforms to federal pleading standards. Id. At 2. Additionally, the Court
directed Plaintiff to pay the filing fee. Id. Thus, Plaintiff’s Amended Complaint and
the filing fee were due on or before November 9, 2021. The Court cautioned that
“failure to file an amended complaint or pay the filing fee may result in dismissal of
this case without prejudice and without further notice.” Id. To date, Plaintiff has not
filed an Amended Complaint, has not paid the filing fee, and has not sought an
extension of time to do either. For failing to comply with the Court’s order directing
the filing of an Amended Complaint and payment of the filing fee, Plaintiff’s action is
subject to dismissal. Fed. R. Civ. P. 41(b). Accordingly, it is hereby
ORDERED:
1.

This action is DISMISSED, without prejudice.

2.

The Clerk of Court is directed to terminate all motions and deadlines and

CLOSE this case.
DONE and ORDERED in Tampa, Florida on November 17, 2021.

Copies furnished to: Counsel of Record and Unrepresented Parties

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