MURZIKE v. BLANTON et al

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
JAMES T. MURZIKE,
Plaintiff,
v. 	Case No. 4:25-cv-199-TKW-MJF
S. BLANTON, et al.,
Defendants.
/
REPORT AND RECOMMENDATION
Because Plaintiff failed to comply with two court orders, failed to
comply with the Local Rules, and failed to prosecute this action, the
District Court should dismiss this action without prejudice.
B ACKGROUND
A. 	The Undersigned’s First Order to Amend the Complaint and
Submit a Proper Motion for Leave to Proceed in Forma
Pauperis
On April 7, 2025, Plaintiff commenced this civil action in the United
States District Court for the Middle District of Florida. Doc. 1. Because
venue was improper in the Middle District, on April 25, 2025, United
States District Judge Wendy W. Berger transferred this civil action to
the Northern District of Florida. Doc. 2.
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Because Plaintiff commenced this civil action without paying the
filing fee or seeking leave to proceed in forma pauperis, and because his
complaint was not on the court-approved form, on May 5, 2025, the
undersigned ordered Plaintiff (1) to file an amended complaint on the
civil rights complaint form approved for use by prisoners and (2) to pay
the filing fee or file a properly completed motion for leave to proceed in
forma pauperis. Doc. 5. The undersigned imposed a compliance deadline
of June 4, 2025, and warned Plaintiff that the failure to comply with the
order likely would result in dismissal of this action. Id. at 3–4.
To assist Plaintiff in complying with the undersigned’s order, the
undersigned directed the clerk of the court to send to Plaintiff a copy of
the court-approved complaint form and a form application for leave to
proceed in forma pauperis. The undersigned also explained to Plaintiff
that a complete application to proceed in forma pauperis includes “(1) a
motion with supporting affidavit on the court approved form; (2) a
prisoner consent form and a financial certificate with attachments signed
by a prison official; and (3) a printout of the transactions in Plaintiff’s
inmate trust account for the six-month period immediately preceding the
filing of his complaint.” Doc. 5 at 2.
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B. 	Plaintiff’s Amended Complaint and Motion for Leave to
Proceed in Forma Pauperis
On June 16, 2025, Plaintiff filed a first amended complaint, Doc. 9,
and an application for leave to proceed in forma pauperis, Doc. 10.
Plaintiff, however, did not comply with the May 5 Order, Local Rule
5.7(A), and Local Rule 5.3. Specifically, Plaintiff did not use the court-
approved complaint form. See Doc. 9. Plaintiff also did not use the court-
approved forms for his motion for leave to proceed in forma pauperis and
the financial affidavit. See Doc. 10. Furthermore, Plaintiff’s motion for
leave to proceed in forma pauperis did not include a signed prisoner
consent and financial certificate signed or printout of the transactions in
Plaintiff’s inmate trust account for the six-month period immediately
preceding the filing of his complaint.
C. 	The Undersigned’s Second Order to Amend the Complaint
and Submit a Proper Motion for Leave to Proceed in
Forma Pauperis
Because Plaintiff failed to comply with the undersigned’s order and
the Local Rules, on June 30, 2025, the undersigned denied Plaintiff’s
motion 	for 	leave 	to 	proceed 	in 	forma 	pauperis. 	Doc. 	11 	at 	5. 	The
undersigned ordered Plaintiff: (1) to file an amended complaint on the
court-approved form; and (2) pay the filing fee or submit a properly
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completed motion for leave to proceed in forma pauperis. Id. at 6. The
undesigned provided Plaintiff until July 30, 2025, to comply with the
court order and warned Plaintiff that the failure to comply with the order
likely would result in dismissal of this civil action.
D. 	Plaintiff’s Request for an Extension of Time
On July 30, 2025, Plaintiff filed a motion seeking a 30-day extension
of his deadline to file an amended complaint and properly completed
motion for leave to proceed in forma pauperis. Doc. 12. On August 8,
2025, 	the 	undersigned 	granted 	the 	motion 	and 	extended 	Plaintiff’s
deadline 	to 	September 	8, 	2025. 	Doc. 	30. 	The 	undersigned 	warned
Plaintiff that the failure to comply with the court’s order likely would
result in dismissal. Plaintiff did not comply with that order.
E. 	The Undersigned’s 	Order 	to 	Show 	Cause and Plaintiff’s
Response
On September 23, 2025, the undersigned ordered Plaintiff to show
cause why this case should not be dismissed. On October 1, 2025, Plaintiff
filed a motion for enlargement of time stating he needed an additional
twenty days. Doc. 15.
On October 15, 2025, the undersigned granted the motion and
provided 	Plaintiff 	until 	October 	29, 	2025, 	to 	submit 	an 	amended
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complaint on the court-approved form and a properly completed motion
for leave to proceed in forma pauperis. The undersigned warned Plaintiff
that the failure to comply with the order likely would result in dismissal
of this civil action.
Plaintiff has not complied with the undersigned’s orders or the
Local Rules.
D ISCUSSION
“Federal courts possess an inherent power to dismiss a complaint
for failure to comply with a court order” and the court’s local rules. Foudy
v. Indian River Cnty. Sheriff’s Off., 845 F.3d 1117, 1126 (11th Cir. 2017)
(citations omitted); McNair v. Johnson, 143 F.4th 1301, 1308 (11th Cir.
2025 (“Dismissal without prejudice was an appropriate exercise of the
district court’s inherent authority to manage its docket and enforce the
local rules.”); 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). Furthermore, a district
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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).
This case has been pending almost seven months. Plaintiff has
failed to comply with two court orders and the Local Rules despite the
undersigned affording Plaintiff multiple opportunities to do so. Plaintiff
has not shown good cause for his failures. 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 19th 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),
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(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
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.
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