LARKINS v. WALSTRUP

Filing 14

REPORT AND RECOMMENDATION, It is RECOMMENDED that this case be DISMISSED without prejudice re 1 Complaint filed by HARRY RICHARD LARKINS, JR. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 12/2/08. Internal deadline for referral to district judge if objections are not filed earlier: 12/30/2008. (pll)

Page 1 of 2

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

HARRY RICHARD LARKINS, JR., Plaintiff, vs. A.J. WALSTRUP, et al., Defendants. / REPORT AND RECOMMENDATION This cause is before me upon referral from the Clerk. In an order filed October 17, 2008, Plaintiff was directed to file an amended complaint by March 1, 1999, and warned him of dismissal if he failed to respond. Doc. 13. To date, no response has been received from the Plaintiff. A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). Fed. R. Civ. P. 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 and cases cited (11th Cir.), cert. denied, 493 U.S. 863 (1989). Since Plaintiff has failed to comply with an order or to prosecute this case, his complaint should now be dismissed without prejudice. Case No. 3:08cv134-RV/WCS

Page 2 of 2

Plaintiff shall have a 15 day period after service of this report and recommendation in which to file objections. This will also afford Plaintiff a final opportunity to show good cause for his failure to respond. Plaintiff may do so by filing a motion for reconsideration which will be referred to me by the Clerk. It is therefore, respectfully RECOMMENDED that this case be DISMISSED without prejudice. IN CHAMBERS at Tallahassee, Florida, on December 2, 2008.

s/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. 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.

Case No. 3:08cv134-RV/WCS