Filed: May 18, 2007
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT MAY 18, 2007 No. 06-13715 THOMAS K. KAHN Non-Argument Calendar CLERK _ D. C. Docket No. 05-02816-CV-TWT-1 DEBORAH TANNER, Plaintiff-Appellant, versus WARREN NEAL, LOU ALDER, SERGEANT BENITES, SHIRLIN MAHMOODZADEH, SUSIE LATHAM, et al., Defendants-Appellees. _ Appeal from the United States District Court for the Northern District of Georgia _ (May 18, 2007) Before DUBINA,
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT MAY 18, 2007 No. 06-13715 THOMAS K. KAHN Non-Argument Calendar CLERK _ D. C. Docket No. 05-02816-CV-TWT-1 DEBORAH TANNER, Plaintiff-Appellant, versus WARREN NEAL, LOU ALDER, SERGEANT BENITES, SHIRLIN MAHMOODZADEH, SUSIE LATHAM, et al., Defendants-Appellees. _ Appeal from the United States District Court for the Northern District of Georgia _ (May 18, 2007) Before DUBINA, ..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAY 18, 2007
No. 06-13715 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-02816-CV-TWT-1
DEBORAH TANNER,
Plaintiff-Appellant,
versus
WARREN NEAL,
LOU ALDER,
SERGEANT BENITES,
SHIRLIN MAHMOODZADEH,
SUSIE LATHAM, et al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(May 18, 2007)
Before DUBINA, BLACK and CARNES, Circuit Judges.
PER CURIAM:
Georgia prisoner Deborah Tanner appeals the sua sponte dismissal without
prejudice of her 42 U.S.C. § 1983 action for failure to file an amended complaint in
compliance with the district court’s order.
The district court did not abuse its discretion in finding that Tanner failed to
comply with its order and in ordering dismissal of her action without prejudice.
See Dynes v. Army Air Force Exch. Serv.,
720 F.2d 1495, 1499 (11th Cir. 1983)
(stating we review dismissals without prejudice for abuse of discretion). A district
court may sua sponte dismiss a plaintiff’s action for failure to comply with the
rules or any order of the court. See Fed. R. Civ. P. 41(b). Tanner failed to follow
the district court’s instructions on how to amend her complaint in order to comply
with Fed. R. Civ. P. 8. A pleading should contain “a short and plain statement of
the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2).
Tanner’s amended complaint does not consist of simple statements connecting
each claimed wrong with an identifiable defendant. It remains in excess of 150
pages with the same unnecessary exhibits. Although the district court’s order
provided a standard form, a clear description of what her complaint should contain,
and page and exhibit limitations, the overall form and content of Tanner’s amended
complaint show that she did not comply with the district court’s order after being
warned of the consequences. Although courts liberally construe pro se pleadings,
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the litigant is still required to conform to procedural rules, and the court is not
required rewrite a deficient pleading. See GJR Investments, Inc. v. County of
Escambia,
132 F.3d 1359, 1369 (11th Cir. 1998). Tanner’s argument that lack of
knowledge and access to procedural rules justify her noncompliance fails because
the court provided her with an explanation of the rules within its order.
AFFIRMED .
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