McFarley v. Jones et al, No. 1:2017cv00532 - Document 12 (S.D. Ala. 2020)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 11 REPORT AND RECOMMENDATION. This action is DISMISSED without prejudice due to Plf's failure to comply w/the Court's order & to prosecute this action as set out. Signed by District Judge Terry F. Moorer on 03/02/2020. (srd) Copy to Plaintiff.

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McFarley v. Jones et al Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES CHRISTOPHE MCFARLEY, Plaintiff, vs. TEDDY JONES, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:17-cv-532-TFM-MU MEMORANDUM OPINION AND ORDER On January 16, 2020, the Magistrate Judge entered a report and recommendation which recommends this action be dismissed without prejudice for failure to prosecute and to comply with the court’s orders. See Doc. 11. No objections were filed. Fed. R. Civ. P. 41(b) authorizes dismissal of a complaint for failure to prosecute or failure to comply with a court order or the federal rules. Gratton v. Great Am. Commc’ns, 178 F.3d 1373, 1374 (11th Cir. 1999). Further, such a dismissal may be done on motion of the defendant or sua sponte as an inherent power of the court. Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333, 1337 (11th Cir. 2005). “[D]ismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.” Vil, 715 F. App’x at 915 (quoting Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)). “[E]ven a non-lawyer should realize the peril to [his] case, when [he] . . . ignores numerous notices” and fails to comply with court orders. Anthony v. Marion Cty. Gen. Hosp., 617 F.2d 1164, 1169 (5th Cir. 1980); see also Moon v. Newsome, 863 F.2d at 837 (As a general rule, where a litigant has been forewarned, dismissal for failure to obey a court order is not an abuse of discretion.). Therefore, the Court finds it appropriate to exercise its “inherent power” to “dismiss [Plaintiff’s claims] sua sponte for lack of prosecution.” Page 1 of 2 Dockets.Justia.com Link v. Wabash R.R. Co., 370 U.S. 626, 630, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962); see also Betty K Agencies, Ltd., 432 F.3d at 1337 (describing the judicial power to dismiss sua sponte for failure to comply with court orders). Since the filing of his response on August 22, 2018, there had been no additional action by the Plaintiff despite the March 28, 2019 order for him to file certain exhibits referenced in his November 30, 2017 complaint. Further, Plaintiff also did not notify the Court of his change in address as required. See Doc. 10. Accordingly, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge is ADOPTED and this action is DISMISSED without prejudice for failure to prosecute and obey the Court’s order. DONE and ORDERED this 2nd day of March, 2020. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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