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BAILEY v. DEPARTMENT OF CORRECTIONS, 4:13cv644-MW/CAS. (2014)

Court: District Court, N.D. Florida Number: infdco20140617c71 Visitors: 1
Filed: May 19, 2014
Latest Update: May 19, 2014
Summary: REPORT AND RECOMMENDATION CHARLES A. STAMPELOS, Magistrate Judge. This cause is before me upon referral from the Clerk. This court entered a Report and Recommendation on February 20, 2014, doc. 15, for Plaintiff's failure to file an amended complaint. Plaintiff filed a Motion for Reconsideration, doc. 16, which was granted, the Report and Recommendation vacated and Plaintiff was given a final opportunity to file his amended complaint as directed by April 25, 2014. Plaintiff was again specific
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REPORT AND RECOMMENDATION

CHARLES A. STAMPELOS, Magistrate Judge.

This cause is before me upon referral from the Clerk. This court entered a Report and Recommendation on February 20, 2014, doc. 15, for Plaintiff's failure to file an amended complaint. Plaintiff filed a Motion for Reconsideration, doc. 16, which was granted, the Report and Recommendation vacated and Plaintiff was given a final opportunity to file his amended complaint as directed by April 25, 2014. Plaintiff was again specifically warned that a recommendation would be made that this case be dismissed if he failed failure to comply with that order. Doc. 17. 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); Chambers v. NASCO, Inc., 501 U.S. 32, 44, 111 S.Ct. 2123, 2132, 115 L. Ed. 2d 27 (1991). Also, 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 (11th Cir. 1989), cert. denied, 493 U.S. 863 (1989), and cases cited; Phipps v. Blakeney, 8 F.3d 788, 790 (11th Cir. 1993). Plaintiff did not comply with a court order and prosecute this case. As a result, this action should be dismissed.

Plaintiff shall have a 14-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. Alternatively, Plaintiff may also file 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.

Source:  Leagle

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