Crandle v. Calloway et al (INMATE 2) (CONSENT), No. 2:2021cv00574 - Document 23 (M.D. Ala. 2022)

Court Description: MEMORANDUM OPINION: this case is DISMISSED without prejudice with no costs taxed; A final judgment will be entered separately. Signed by Honorable Judge Kelly F. Pate on 3/25/2022. (bes, )

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Crandle v. Calloway et al (INMATE 2) (CONSENT) Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JAMES O. CRANDLE, #291 646, Plaintiff, v. WARDEN CALLOWAY, et al., Defendants. ) ) ) ) ) CASE NO. 2:21-CV-574-KFP ) [WO] ) ) ) MEMORANDUM OPINION Plaintiff James Crandle filed this pro se 42 U.S.C. § 1983 action on August 30, 2021. Defendants have since filed an Answer, Written Report and supporting evidentiary materials denying Plaintiff’s allegations. Doc. 19. On February 4, 2022, the undersigned instructed Plaintiff to file a response to Defendants’ materials by February 25, 2022. Doc. 21. The undersigned informed Plaintiff that his failure to file a response would result in the dismissal of this case for failure to prosecute. Id. To date, Plaintiff has not filed a response to Defendants’ materials or otherwise complied with the Court’s February 4, 2022, Order. Because of Plaintiff’s failure to comply with the order of the Court, the undersigned concludes this case is due to be dismissed without prejudice. 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.). The authority of courts to impose sanctions for failure to prosecute or obey an order is longstanding and acknowledged by Rule 41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash Dockets.Justia.com R.R. Co., 370 U.S. 626, 629–30 (1962). This authority empowers the courts “to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Id. at 630–31; Mingo v. Sugar Cane Growers Co-Op of Fla., 864 F.2d 101, 102 (11th Cir. 1989) (holding that “[t]he district court possesses the inherent power to police its docket.”). “The sanctions imposed [upon dilatory litigants] can range from a simple reprimand to an order dismissing the action with or without prejudice.” Id. Accordingly, this case is DISMISSED without prejudice with no costs taxed. A final judgment will be entered separately. DONE this 25th day of March, 2022. /s/ Kelly Fitzgerald Pate KELLY FITZGERALD PATE UNITED STATES MAGISTRATE JUDGE 2

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