MOORE v. GARY et al

Filing 11

REPORT AND RECOMMENDATION re 1 Complaint filed by ADRIA MOORE : It is recommended that this case be DISMISSED without prejudice. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 4/02/2009. Internal deadline for referral to district judge if objections are not filed earlier: 4/30/2009. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

ADRIA MOORE, Plaintiff, vs. W. L. GARY, et al., Defendant. / CASE NO. 1:08-CV-246-MP/AK

REPORT AND RECOMMENDATION Plaintiff was directed to file an amended pleading by Order dated February 9, 2009 . (Doc. 8). When no amended pleading was filed, and Order to Show Cause was entered directing a response on or before March 20, 2009. (Doc. 10). As of this date, there has been no response to the show cause order or any further communication by Plaintiff with the Court. A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash Railroad, 370 U.S. 626, 82 S. Ct. 1386, 8 L.Ed2d 734 (1962). Fed. R. Civ. P. 41(b) also authorizes a district court to dismiss an action for failure to obey a court order. Plaintiff has failed to comply with two orders of this Court (docs. 8 and 10), and has not otherwise prosecuted his lawsuit.

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Consequently, this case should be dismissed. Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice. IN CHAMBERS at Gainesville, Florida, this 2nd day of April, 2009.

s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

No.1:08CV246-MP/AK