4:25-cv-00414•WILLIAMS v. LECKINGER et al
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ANTHONY VERON WILLIAMS, Plaintiff, vs. Case No. 4:25-cv-414-MCR-MAF TROOPER LECKINGER, et al., Defendants. ___________________________/ REPORT AND RECOMMENDATION Plaintiff, a pre-trial detainee proceeding pro se and in forma pauperis, filed a civil rights complaint against several officers with the Florida Highway Patrol. ECF No. 1. Plaintiff’s complaint did not comply with the Local Rules or the Federal Rules of Civil Procedure, and he was given the opportunity to file an amended complaint correcting the issues. ECF No. 4. Plaintiff’s amended complaint remained deficient and he was given one more chance to amend. ECF No. 7. His deadline for doing so was January 15, 2026. Id. The deadline passed five weeks ago and nothing has been received from Plaintiff. Dismissal is warranted. The Court previously explained to Plaintiff that his facts were vague, failed to state a claim, and failed to connect specific Defendants to the actions alleged. See ECF No. 7 at 2-4. Plaintiff was ordered to file a second amended complaint or, if he did not wish to continue with the case, a notice Case 4:25-cv-00414-MCR-MAF Document 10 Filed 02/24/26 Page 1 of 3
Page 2 of 3 4:25-cv-414-MCR-MAF of voluntary dismissal by the January 15, 2026 deadline. Id. at 4-5. Plaintiff was warned that failure to comply with the Court’s Order would result in a recommendation of dismissal. Id. at 7. A trial court has inherent power to dismiss a case sua sponte for failure to prosecute. Link v. Wabash R.R., 370 U.S. 626 (1962). Federal Rule of Civil Procedure 41(b) authorizes a district court to dismiss an action for failure to obey a court order. Moon v. Newsome, 863 F.2d 835, 838 (11th Cir. 1989), cert. denied, 493 U.S. 863 (1989). Furthermore, the Eleventh Circuit has noted that “[w]hile dismissal is an extraordinary remedy, dismissal upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.” Id. It is within this Court’s discretion and “inherent authority” to dismiss a case for failing to comply with a court order. Smith v. Bruster, 424 F. App’x 912, 915 (11th Cir. 2011). Here, Plaintiff was given two opportunities to file a sufficient amended complaint or a notice of voluntary dismissal. He was warned that a recommendation of dismissal would be entered if he did not comply. As of this date, Plaintiff has failed to file anything more. Because Plaintiff has failed to prosecute this case and failed to comply with a court order, dismissal is appropriate. For the reasons stated above, it is respectfully RECOMMENDED that Case 4:25-cv-00414-MCR-MAF Document 10 Filed 02/24/26 Page 2 of 3
Page 3 of 3 4:25-cv-414-MCR-MAF this case be DISMISSED for failure to prosecute and failure to comply with a court order. IN CHAMBERS at Tallahassee, Florida on February 24, 2026. s/ Martin A. Fitzpatrick MARTIN A. FITZPATRICK UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party’s objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court’s internal use only and does not control. If a party fails to object to the Magistrate Judge’s findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party waives the right to challenge on appeal the District Court’s order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636(b)(1)(C). Case 4:25-cv-00414-MCR-MAF Document 10 Filed 02/24/26 Page 3 of 3
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