5:26-cv-00007•BRUCE v. DOE et al
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Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION EMMANUEL BRUCE, Plaintiff, v. Case No. 5:26-cv-7-AW-MJF JOHN DOE (WASHGINTON CORRECTIONAL INSTITUTION WARDEN), et al., Defendants. / REPORT AND RECOMMENDATION The undersigned recommends that this case be dismissed because Plaintiff failed to comply with two court orders, failed to comply with the Local Rules, and failed to pay the filing fee. BACKGROUND Plaintiff is a Florida prisoner housed at the Everglades Correctional Institution. Plaintiff commenced this civil action on December 31, 2025, by filing a pro se civil rights complaint and a motion for leave to proceed in forma pauperis. Docs. 1, 2. Plaintiff’s complaint was deficient because it was not filed on the Northern District’s form. See N.D. Fla. Loc. R. 5.7(A). Case 5:26-cv-00007-AW-MJF Document 10 Filed 03/30/26 Page 1 of 4
Page 2 of 4 Plaintiff’s application for leave to proceed in forma pauperis was deficient for the same reason—it was not filed on the Northern District’s form. See N.D. Fla. Loc. R. 5.3. In addition, Plaintiff’s application did not include the required prisoner consent form and 6-month account printout. See 28 U.S.C. § 1915(a). Accordingly, on January 16, 2026, the undersigned ordered Plaintiff to file an amended civil rights complaint on the Northern District’s form accompanied by the $405.00 filing fee or a complete application for leave to proceed in forma pauperis. Doc. 8. The undersigned imposed a compliance deadline of February 17, 2026, and warned Plaintiff that failure to comply with the order likely would result in this case being dismissed. Id. at 5. To date, Plaintiff has not complied with the order dated January 16, 2026, and has not responded to the 14-day show-cause order entered on March 2, 2026. Doc. 9. D ISCUSSION “Federal courts possess an inherent power to dismiss a complaint for failure to comply with a court order.” Foudy v. Indian River Cnty. Sheriff’s Off., 845 F.3d 1117, 1126 (11th Cir. 2017) (citations omitted); Case 5:26-cv-00007-AW-MJF Document 10 Filed 03/30/26 Page 2 of 4
Page 3 of 4 N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss an action, or any claim within it, “[i]f a party fails to comply with an applicable rule or a court order”). A district court also may dismiss a civil action sua sponte for failure to prosecute. See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370 U.S. 626, 632 (1962). Furthermore, a district court may dismiss a civil action when a plaintiff fails to pay the filing fee or demonstrate that he qualifies to proceed in forma pauperis. See 28 U.S.C. § 1915(a); N.D. Fla. Loc. R. 5.3; Wilson v. Sargent, 313 F.3d 1315, 1320–21 (11th Cir. 2002). Plaintiff has failed to comply with two court orders, failed to comply with the Local Rules, failed to prosecute this action, and failed to pay the filing fee. Plaintiff has offered no excuse for his failures and, consequently, has not shown good cause. Accordingly, dismissal of this action is appropriate. C ONCLUSION For the reasons stated above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS this case without prejudice. 2. DIRECT The clerk of court to close this case file. Case 5:26-cv-00007-AW-MJF Document 10 Filed 03/30/26 Page 3 of 4
Page 4 of 4 At Panama City, Florida, this 30th day of March, 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to the undersigned to make recommendations regarding dispositive matters. See 28 U.S.C. § 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). Objections to these proposed findings and recommendations must be filed within fourteen 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. A party must serve a copy of any objections on all other parties. A party who fails to object to this report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 5:26-cv-00007-AW-MJF Document 10 Filed 03/30/26 Page 4 of 4
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