5:24-cv-00173•DOSS v. FORD et al
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Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RICHARD DOSS, Plaintiff, v. Case No. 5:24-cv-173-RH/MJF TOMMY FORD, et al., Defendants. / REPORT AND RECOMMENDATION Because Plaintiff failed to comply with a court order and failed to prosecute this action, the District Court should dismiss this action without prejudice. B ACKGROUND Plaintiff commenced this civil action in a Florida court. On August 12, 2024, Defendants removed this action. Defendants alleged that the District Court had subject-matter jurisdiction because Plaintiff asserted claims pursuant to 42 U.S.C. § 1983. Doc. 1. On August 13, 2024, the clerk of the court sent to Plaintiff a notice that informed Plaintiff, “[t]hroughout this case, you are required to advise the Clerk’s Office in Case 5:24-cv-00173-RH-MJF Document 60 Filed 11/24/25 Page 1 of 5
Page 2 of 5 writing of any change in your mailing address by filing a Notice of Change of Address.” Doc. 6 ¶ 6. On October 27, 2025, the undersigned issued two orders. Docs. 55, 56. The clerk of the court mailed these orders to Plaintiff at his last known address. On November 6, 2025, the orders were returned as undeliverable. Doc. 57. The clerk of the court searched the Bay County Jail roster, the Florida Department of Corrections offender database, and the Bureau of Prison offender database. Plaintiff is no longer in Bay County Jail’s custody, and he is not in the custody of the FDC or BOP. Plaintiff has not notified the clerk of the court of his new mailing address. On November 6, 2025, the undersigned ordered Plaintiff to file a notice of change of address and a notice expressing whether he was interested in prosecuting this civil action. Doc. 58. The undersigned imposed a compliance deadline of November 20, 2025. Id. at 2. The undersigned warned Plaintiff that failure to comply with the order would result in this court presuming Plaintiff was no longer interested in prosecuting this civil action and likely would result in dismissal of this civil action. Id. As of the date of this report and recommendation, Plaintiff has not complied with that order. Case 5:24-cv-00173-RH-MJF Document 60 Filed 11/24/25 Page 2 of 5
Page 3 of 5 The clerk of the court mailed the order to Plaintiff’s last known address; however, due to Plaintiff’s failure to apprise the clerk’s office of his current address, on November 19, 2025, the Bay County Jail returned the order as undeliverable because Plaintiff was no longer in the custody of the Bay County Jail. The clerk of the court also searched the Florida Department of Corrections and Bureau of Prison offender databases and could not locate Plaintiff. 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 a court order and failed to prosecute this civil action. Furthermore, because this court does not have Plaintiff’s most recent mailing address, it is unlikely Case 5:24-cv-00173-RH-MJF Document 60 Filed 11/24/25 Page 3 of 5
Page 4 of 5 that Plaintiff will receive—and comply—with future court orders.1 It appears that Plaintiff has abandoned this litigation, and, therefore, 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 24th day of November 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 (14) days of the date of the report and 1 Because Plaintiff was released from custody and failed to provide the jail and this court with Plaintiff’s most up-to-date mailing address, the jail returned to this court the undersigned’s November 6, 2025, order. Doc. 59. Case 5:24-cv-00173-RH-MJF Document 60 Filed 11/24/25 Page 4 of 5
Page 5 of 5 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 5:24-cv-00173-RH-MJF Document 60 Filed 11/24/25 Page 5 of 5
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