NORMAN v. FLORIDA PRISON THE HILL, et al

Filing 8

REPORT AND RECOMMENDATION re 1 Complaint filed by ALLEN BRUCE NORMAN : It is recommended case be DISMISSED without prejudice. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 4/3/2009. Internal deadline for referral to district judge if objections are not filed earlier: 5/1/2009. (jws)

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

ALLEN BRUCE NORMAN, # 108581 Plaintiff, vs. FLORIDA PRISON THE HILL, et al., Defendant. / CASE NO. 4:08CV560-SPM/AK

REPORT AND RECOMMENDATION Plaintiff was directed to file an amended pleading by Order dated February 3, 2009, (doc. 6), and when no pleading was filed an Order to Show Cause was entered directing a response on or before March 10, 2009. (Doc. 7). 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 directing that he file the necessary motion for leave to proceed IFP and a show cause

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order, (docs. 6 and 7). Plaintiff has not otherwise prosecuted his lawsuit. Consequently, this case should be dismissed. Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice. IN CHAMBERS at Gainesville, Florida, this 3rd 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. 4:08CV560-SPM/AK