WALLACE CAPEL, Jr., Magistrate Judge.
This 42 U.S.C. § 1983 action is pending before the court on a complaint filed by Collen Phillips, Jr. ["Phillips"], an indigent state inmate. In the complaint, Phillips challenges general conditions of confinement at the Easterling Correctional Facility. Complaint-Doc. No. 1 at 2-3.
Pursuant to the orders of this court, the defendants filed a written report supported by relevant evidentiary materials in which they address the claims for relief presented by Phillips. The report and evidentiary materials refute the self-serving, conclusory allegations presented by Phillips in the complaint. The defendants argue that the conditions about which Phillips complains do not rise to the level of a constitutional violation.
In light of the foregoing, the court issued an order directing Phillips to file a response to the defendants' written report. Order of May 8, 2012-Doc. No. 15. The order advised Phillips that his failure to respond to the report would be treated by the court "
The court has reviewed the file to determine whether a less drastic measure than dismissal is appropriate. After such review, it is clear that dismissal of this case is the proper course of action. Phillips is an indigent individual. Thus, the imposition of monetary or other punitive sanctions against him would be ineffectual. Additionally, Phillips' inaction in the face of the defendants' report and evidence suggests a loss of interest in the continued prosecution of this case. Finally, the undisputed evidentiary materials submitted by the defendants indicate that the conditions about which Phillips complains do not violate the Constitution. It therefore appears that any additional effort by this court to secure Phillips' compliance would be unavailing. Consequently, the court concludes that the plaintiff's abandonment of his claims and his failure to comply with an order of this court warrant dismissal. Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (As a general rule, where a litigant has been forewarned, dismissal for failure to obey a court order is not an abuse of discretion.); see also Tanner v. Neal, 232 F. App'x 924 (11th Cir. 2007) (affirming sua sponte dismissal without prejudice of inmate's § 1983 action for failure to file amendment in compliance with court's prior order directing amendment and warning of consequences for failure to comply).
For the above stated reasons, it is the RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice. It is further
ORDERED that the parties are DIRECTED to file any objections to the said Recommendation on or before
Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); see Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982); see also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc) (adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981).