4:25-cv-00409•PATTERSON v. AHPC SOCIAL TALLAHASSEE LLC et al
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Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION NADIA PATTERSON, Plaintiff, v. Case No. 4:25-cv-409-AW-MJF AHPC SOCIAL TALLAHASSEE LLC, et al., Defendants. / REPORT AND RECOMMENDATION Because Plaintiff failed to comply with two court orders and failed to prosecute this action, the District Court should dismiss this action without prejudice. BACKGROUND On January 8, 2026, the undersigned ordered Plaintiff to submit service copies of her complaint and to complete and return specified forms. Doc. 8. The undersigned imposed a compliance deadline of February 6, 2026, and warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. Id. at 4. Plaintiff did not comply with that order. Case 4:25-cv-00409-AW-MJF Document 12 Filed 03/20/26 Page 1 of 4
Page 2 of 4 On February 20, 2026, the undersigned ordered Plaintiff to show cause for her failure to comply with the undersigned’s order of January 8, 2026. Doc. 9. The undersigned imposed a deadline of March 6, 2026, and again warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. Id. Plaintiff has not complied with that order. On March 10, 2026, the United States Postal Service returned the undersigned’s orders to the clerk’s office as “undeliverable.” See Docs. 10 & 11. 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); 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). Plaintiff has failed to comply with two court orders and has failed to prosecute this action. Furthermore, Plaintiff has offered no excuses for Case 4:25-cv-00409-AW-MJF Document 12 Filed 03/20/26 Page 2 of 4
Page 3 of 4 her failures and, consequently, has not shown good cause. Although the orders were returned undeliverable, Plaintiff knew that she had a duty “ to timely notify the Clerk’s office if there [was] any change to [her] mailing address,” and she understood that a “failure to keep a current address on file with the Clerk’s Office may result in dismissal” of this action. Doc. 1 at 8. Plaintiff did not timely notify the Clerk’s Office of any change of address. Plaintiff’s failure to receive this court’s orders does not constitute good cause. Accordingly, dismissal of this civil action is appropriate. CONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS this action without prejudice. 2. DIRECT the clerk of the court to close the case file. At Pensacola, Florida, this 20th 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 a magistrate judge to address preliminary matters and to make Case 4:25-cv-00409-AW-MJF Document 12 Filed 03/20/26 Page 3 of 4
Page 4 of 4 recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 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 and does not control. An objecting party must serve a copy of the objections on 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 unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 4:25-cv-00409-AW-MJF Document 12 Filed 03/20/26 Page 4 of 4
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