5:25-cv-00190•JONES v. DIXON et al
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Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION TIMOTHY ALLEN JONES, Plaintiff, v. Case No. 5:25-cv-190-TKW-MJF ADMINISTRATION FLORIDA DEPARTMENT OF CORRECTIONS, 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. B ACKGROUND On August 22, 2025, the undersigned ordered Plaintiff to pay the filing fee or file a properly completed motion for leave to proceed in forma pauperis. Doc. 8. The undersigned imposed a compliance deadline of September 22, 2025. Plaintiff submitted a motion for leave to proceed in forma pauperis that violated the Local Rules. On October 1, 2025, the undersigned Case 5:25-cv-00190-TKW-MJF Document 11 Filed 12/02/25 Page 1 of 4
Page 2 of 4 instructed Plaintiff to correct this defect and resubmit the motion. The undersigned provided Plaintiff until October 16, 2025, to file a corrected motion. Doc. 9. The undersigned warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. On November 5, 2025, the undersigned ordered Plaintiff to show cause for his failure to comply with the undersigned’s order of October 1, 2025. Doc. 10. The undersigned imposed a deadline November 19, 2025, to comply and again warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. As of the date of this report and recommendation, Plaintiff has not complied with that order. 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.R. Co., 370 U.S. 626, 632 (1962). Plaintiff has failed to comply with two court Case 5:25-cv-00190-TKW-MJF Document 11 Filed 12/02/25 Page 2 of 4
Page 3 of 4 orders. Plaintiff has offered no excuse for his failures and, consequently, has not shown good cause. Accordingly, dismissal of this civil action is appropriate. CONCLUSION Because Plaintiff failed to comply with court orders and failed to prosecute this action 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 2nd day of December, 2025. /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 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 Case 5:25-cv-00190-TKW-MJF Document 11 Filed 12/02/25 Page 3 of 4
Page 4 of 4 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 5:25-cv-00190-TKW-MJF Document 11 Filed 12/02/25 Page 4 of 4
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