WILKINSON v. DIXON

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
MONICA RENEE WILKINSON,
Petitioner,
v. 	Case No. 5:25cv265-MW/MAF
RICKY DIXON, Secretary,
Florida Department of Corrections,
Respondent.
/
REPORT AND RECOMMENDATION
By order on September 19, 2025, in this pending federal habeas
corpus proceeding, this Court directed Petitioner Monica Renee Wilkinson to
pay the required $5.00 filing fee or file an application for leave to proceed in
forma pauperis (IFP) on or before October 20, 2025. 	ECF No. 3. 	In the
same order, this Court also directed Petitioner to submit an amended habeas
petition on the proper form on or before October 20, 2025. 	Id. 	To date,
Petitioner Wilkinson has not filed anything in response to this Court’s order.
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). 	Accordingly, this case should be dismissed.
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Case No. 5:25cv265-MW/MAF
Petitioner shall have a 14-day period after service of this Report and
Recommendation in which to file objections. 	This will also afford Petitioner
a final opportunity to show good cause for the failure to respond to the
Court’s order. 	Petitioner may do so by filing a motion for reconsideration
which will be referred to me by the Clerk.
It 	is 	therefore 	respectfully 	RECOMMENDED 	that 	this 	case 	be
DISMISSED.
IN CHAMBERS at Tallahassee, Florida, on February 3, 2026.
S/ Martin A. Fitzpatrick
MARTIN A. FITZPATRICK
UNITED STATES MAGISTRATE JUDGE
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 a
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. R. 3-1; 28 U.S.C. § 636.
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