SCHMIDT v. HICKS
REPORT AND RECOMMENDATION, It is RECOMMENDED that this case be DISMISSED without prejudice and the pending motion for leave to proceed in forma pauperis, doc 2 , be DENIED AS MOOT. R&R flag set. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 2/17/2010. Internal deadline for referral to district judge if objections are not filed earlier: 3/17/2010. (pll)
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION
JONATHAN THOMAS SCHMIDT, Plaintiff, vs. WARDEN, MILTON HICKS, et al., Defendants. / REPORT AND RECOMMENDATION This cause is before me upon referral from the Clerk. In an order filed January 5, 2010, Plaintiff was directed to file an amended complaint by February 5, 2010. Plaintiff was specifically warned that a recommendation would be made that this case be dismissed if there was a failure to comply with that order. Doc. 5. 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. Case No. 4:09cv514-MP/WCS
Page 2 of 2
denied, 493 U.S. 863 (1989). Since Plaintiff has failed to comply with an order or to prosecute this case, this complaint should now be dismissed without prejudice. 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 this 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 and the pending motion for leave to proceed in forma pauperis, doc. 2, be DENIED as moot. IN CHAMBERS at Tallahassee, Florida, on February 17, 2010.
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 14 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 14 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. 4:09cv514-MP/WCS
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?