MOBLEY v. MEADOWS

Filing 15

ORDER OF DISMISSAL. ACCEPTING 14 REPORT AND RECOMMENDATION. The report and recommendation is ACCEPTED and adopted as the courts opinion. The clerk must enter judgment stating, The complaint is DISMISSED without prejudice. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 8/6/12. (pll)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

RAY CHRIS MOBLEY,
Plaintiff,
v.

CASE NO. 5:11cv206-RH/CJK

STEVE MEADOWS et al.,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 14. No objections have been filed.
The recommendation is for dismissal of the case based on the plaintiff’s
failure to comply with the magistrate judge’s order to provide updated financial
information. The plaintiff did not comply with the order to provide updated
financial information, did not respond to an order to show cause why the case
should not be dismissed, and has not objected to the report and recommendation.
For all that appears in this record, the plaintiff has lost interest in the case.
The plaintiff was a prisoner when he filed the case but has since been
released. He was granted leave to proceed in forma pauperis when he was a
Case No. 5:11cv206-RH/CJK

Page 2 of 2

prisoner. The order to provide updated financial information would have allowed
the court to determine whether the plaintiff should be allowed to continue to
proceed in forma pauperis.
The decision whether the plaintiff could continue to proceed in forma
pauperis might ultimately have made little or no difference; it is unclear what
additional costs might have accrued. But the order to provide updated financial
information was permissible; a court may monitor the continuing appropriateness
of in forma pauperis status. More importantly, the plaintiff was not free to
disregard the order. As correctly noted in the report and recommendation, a court
may dismiss an action based on a plaintiff’s continuing failure to abide by a court
order.
Prisoner plaintiffs often lose interest in prisoner litigation when they are
released from custody. Perhaps that happened here. In any event, the plaintiff has
failed to comply with repeated orders. Dismissal is appropriate.
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court’s
opinion. The clerk must enter judgment stating, “The complaint is DISMISSED
without prejudice.” The clerk must close the file.
SO ORDERED on August 6, 2012.
s/Robert L. Hinkle
United States District Judge
Case No. 5:11cv206-RH/CJK