4:26-cv-00129•GONZALEZ v. FLORIDA STATE HOSPITAL
Gesamter Gesetzestext
Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JOSHUA GONZALEZ, Plaintiff, v. Case No. 4:26-cv-129-AW/MJF FLORIDA STATE HOSPITAL, Defendant. / REPORT AND RECOMMENDATION Because Plaintiff failed to comply with two court orders, failed to pay the filing fee, and failed to prosecute this action, the District Court should dismiss this action. B ACKGROUND On April 15, 2026, the undersigned ordered Plaintiff to submit a first amended complaint and pay the filing fee or submit a properly completed motion for leave to proceed in forma pauperis. Doc. 5. The undersigned imposed a compliance deadline of June 12, 2026, and warned Plaintiff that his failure to comply with the order likely would result in dismissal of this action. Doc. 7. Plaintiff did not comply with that order insofar as he did not pay the filing fee or submit a motion for Case 4:26-cv-00129-AW-MJF Document 21 Filed 06/23/26 Page 1 of 4
Page 2 of 4 leave to proceed in forma pauperis. On May 20, 2026, the undersigned ordered Plaintiff to show cause for his failure to comply with the undersigned’s order of April 15, 2026. Doc. 13. The undersigned imposed a deadline of June 9, 2026, to pay the filing fee or submit a properly completed motion for leave to proceed in forma pauperis and again warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. Plaintiff has not complied with that order. Indeed, Plaintiff has ignored this court’s clear instructions on two separate occasions by filing a “Motion to Waiver of Fees” that was not on the court-approved form, and thus did not include the requisite information. See Docs. 11 & 19. 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. Case 4:26-cv-00129-AW-MJF Document 21 Filed 06/23/26 Page 2 of 4
Page 3 of 4 Co., 370 U.S. 626, 632 (1962). Furthermore, a district court may dismiss a civil action where a plaintiff fails to pay the filing fee. Wilson v. Sargent, 313 F.3d 1315, 1320–21 (11th Cir. 2002). Plaintiff has failed to comply with two court orders, has failed to pay the filing fee, and has failed to prosecute this civil action. Plaintiff has offered no excuse for his failures, has repeatedly ignored this court’s clear instructions, and consequently has not shown 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 23rd day of June 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 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 Case 4:26-cv-00129-AW-MJF Document 21 Filed 06/23/26 Page 3 of 4
Page 4 of 4 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. 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 4:26-cv-00129-AW-MJF Document 21 Filed 06/23/26 Page 4 of 4
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