Mesa v. Transworld Systems Inc et al

Filing 50

ORDER DISMISSING CASE Closing Case. Signed by Senior Judge Paul C. Huck on 6/20/2017. (ah01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 16-CV-24447-HUCK
RENE MESA,

Plaintiff,
VS.

AMERICAN EXPRESS EDUCATIONAL
ASSURANCE COMPANY,
AMERICAN EXPRESS, and
TRANSWORLD SYSTEMS INCORPORATED,

CLOSED
CIVIL
CASE

Defendants.

_____________________________/
ORDER

THIS CAUSE came before the Court upon a sua sponte review of the record. On May 18,
2017, this Court entered two orders dismissing Plaintiff Rene Mesa's claims against Defendants
American Express Educational Assurance Company and American Express [ECF No. 48] and
against Defendant Transworld Systems Incorporated [ECF No. 49]. The Court granted Plaintiff
leave to file an amended complaint on or before Monday, June 12, 2017, asserting sufficient
allegations against Defendants only if such factual allegations could be made in good faith.
Under Federal Rule of Civil Procedure 41(b), the Court may dismiss an action "[i]fthe
plaintiff fails to prosecute or to comply with the[] rules or a court order." "The authority of a
court to dismiss sua sponte for lack of prosecution has generally been considered an 'inherent
power,' governed not by rule or statute but by the control necessarily vested in courts to manage
their own affairs so as to achieve the orderly and expeditious disposition of cases." Link v.
Wabash R. Co., 370 U.S. 626, 630-31 (1962). The Eleventh Circuit likewise has held "that the

district court may sua sponte dismiss a case under Rule 41(b)." Brutus v. IRS, 393 F. App'x 682,

683 (11th Cir. 201 0).
More than a week has passed since the deadline for Plaintiff to file an amended
complaint. Accordingly, the Court deems Plaintiffs failure to file an amended complaint during
that time as evidence that Plaintiff has chosen not to continue with his claims against Defendants.
Therefore, based on Plaintiffs failure to prosecute his case, it is hereby
ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT
PREJUDICE. The case is CLOSED, and any pending motions are DENIED AS MOOT.
DONE AND ORDERED in Chambers at Miami, Florida, on this 20th day of June, 2017.

Paul C. Huck
United States District Judge
Copies furnished to:
All Counsel of Record

Rene Mesa, Pro Se
7014 NW 169th St
Miami, FL 33015
305-744-6134
[e-mail]

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