WAGGONER v. ADKINSON et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
PAUL WAGGONER,
Plaintiff,
v. 	Case No. 3:25cv2200-AW-HTC
MIKE ADKINSON, et al.,
Defendants.
____________________________/
REPORT AND RECOMMENDATION
On November 6, 2025, Plaintiff Paul Waggoner, proceeding pro se, filed a
civil rights complaint under 42 U.S.C. § 1983 and a motion for leave to proceed in
forma pauperis. Docs. 1, 3. On November 10, 2025, the Court denied Waggoner’s
motion without prejudice and gave him fourteen (14) days to either file a proper
motion or pay the $405 filing fee. Doc. 7. On November 25, after Waggoner failed
to comply with the 14-day deadline, the Court ordered him to show cause why this
case should not be dismissed for his failure to follow an order of the Court. Doc. 8.
The Court warned Waggoner his failure to comply would result in a recommendation
that this case be dismissed. 	Doc. 8 at 2. 	To date, Waggoner has failed to comply
with the Court’s November 10 and November 25 Orders.
Based on the foregoing, dismissal of this case is appropriate. 	See Moon v.
Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (“[D]ismissal upon disregard of an
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Case No. 3:25cv2200-AW-HTC
order, especially where the litigant has been forewarned, generally is not an abuse
of discretion.”) (citations omitted); Brown v. Tallahassee Police Dep’t, 205 F. App’x
802, 802 (11th Cir. 2006) (“The court may dismiss an action sua sponte under
[Federal Rule of Civil Procedure 41(b)] for failure to prosecute or failure to obey a
court order.”) (citations omitted).
Accordingly, it is RECOMMENDED that:
1. 	This case be DISMISSED WITHOUT PREJUDICE for Waggoner’s
failure to prosecute and failure to comply with Court orders.
2. 	The clerk be directed to close the file.
At Pensacola, Florida, this 11 th day of December, 2025.
/s/ Hope Thai Cannon
HOPE THAI CANNON
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within
fourteen (14) days of the date of the Report and Recommendation. Any different
deadline that may appear on the electronic docket is for the court’s internal use only
and does not control. An objecting party must serve a copy of its objections upon all
other parties. A party who fails to object to the magistrate judge’s findings or
recommendations contained in a report and recommendation waives the right to
challenge on appeal the district court’s order based on the unobjected-to factual and
legal conclusions. See 11th Cir. Rule 3-1.
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