4:25-cv-00459•MARTIN v. 1650 PHILLIPS RD FL OWNERS LLC et al
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION LEONARD HENRY MARTIN, JR., Plaintiff, vs. Case No. 4:25-cv-459-AW-MAF 1650 PHILLIPS ROAD, LLC, et al., Defendants. _____________________________/ REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, filed a civil rights complaint alleging medical negligence against his mother’s nursing home and three other companies. ECF No. 1. There were several deficiencies with Plaintiff’s complaint, but the bigger issue was that he could not proceed pro se because he brought the lawsuit on behalf of his mother, who sadly passed away. See ECF No. 4. On December 8, 2025, the Court explained to Plaintiff the issues with his complaint and his inability, as a non-lawyer, to proceed pro se on behalf of his mother’s estate. Id. at 2-4. The Court gave Plaintiff thirty days to obtain counsel, demonstrate that Plaintiff had been appointed personal representative of his mother’s estate, and file an amended complaint and notice of appearance of counsel. Id. at 5-6. Alternatively, Plaintiff could file a notice of voluntary dismissal. Id. at 6. Plaintiff was warned that failure to Case 4:25-cv-00459-AW-MAF Document 5 Filed 01/26/26 Page 1 of 3
Page 2 of 3 4:25-cv-459-AW-MAF comply with the Court’s Order would result in a recommendation of dismissal. The January 9, 2026 deadline has passed and nothing has been received from Plaintiff. Because Plaintiff has failed to prosecute this case and failed to comply with a court order, dismissal is appropriate A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626 (1962). Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 (11th Cir. 1989), cert. denied, 493 U.S. 863 (1989). Furthermore, the Eleventh Circuit has noted that “[w]hile dismissal is an extraordinary remedy, dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.” Id. It is within this Court’s discretion and “inherent authority” to dismiss a case for failing to comply with a court order. Smith v. Bruster, 424 F. App’x 912, 915 (11th Cir. 2011). For the reasons stated above, it is respectfully RECOMMENDED that this case be DISMISSED for failure to prosecute and failure to comply with a court order. IN CHAMBERS at Tallahassee, Florida on January 26, 2026. s/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE Case 4:25-cv-00459-AW-MAF Document 5 Filed 01/26/26 Page 2 of 3
Page 3 of 3 4:25-cv-459-AW-MAF NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party 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; 28 U.S.C. § 636(b)(1)(C). Case 4:25-cv-00459-AW-MAF Document 5 Filed 01/26/26 Page 3 of 3
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