Attia v. Jackon et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOEL BARTON ATTIA, )
)
Plaintiff, )
)
vs. ) CIV. ACT. NO. 1:24-cv-336-TFM-MU
)
DAVID JACKSON, et al., )
)
Defendants. )
MEMORANDUM OPINION AND ORDER
On January 9, 2025, the Magistrate Judge entered a report and recommendation which
recommends this action be dismissed without prejudice for failure to prosecute and to comply with
the court’s orders. See Doc. 16. No objections were filed.
Fed. R. Civ. P. 41(b) authorizes dismissal of a complaint for failure to prosecute or failure
to comply with a court order or the federal rules. Gratton v. Great Am. Commc’ns, 178 F.3d 1373,
1374 (11th Cir. 1999). Further, such a dismissal may be done on motion of the defendant or sua
sponte as an inherent power of the court. Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333,
1337 (11th Cir. 2005). “[D]ismissal upon disregard of an order, especially where the litigant has
been forewarned, generally is not an abuse of discretion.” Vil v. Perimeter Mortg. Funding Corp.,
715 F. App’x 912, 915 (quoting Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)). “[E]ven
a non-lawyer should realize the peril to [his] case, when [he] . . . ignores numerous notices” and
fails to comply with court orders. Anthony v. Marion Cty. Gen. Hosp., 617 F.2d 1164, 1169 (5th
Cir. 1980); see also Moon, 863 F.2d at 837 (As a general rule, where a litigant has been forewarned,
dismissal for failure to obey a court order is not an abuse of discretion.). Therefore, the Court
finds it appropriate to exercise its “inherent power” to “dismiss [Plaintiff’s claims] sua sponte for
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lack of prosecution.” Link v. Wabash R.R. Co., 370 U.S. 626, 630, 82 S. Ct. 1386, 8 L. Ed. 2d 734
(1962); see also Betty K Agencies, Ltd., 432 F.3d at 1337 (describing the judicial power to dismiss
sua sponte for failure to comply with court orders).
Since the filing of his complaint, Plaintiff has been given several opportunities to file a
properly supported motion to proceed in forma pauperis or to pay the filing fee. Despite clear
instructions on what to do, Plaintiff still did not file a complete in forma pauperis application.
Accordingly, after due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Report and Recommendation of
the Magistrate Judge is ADOPTED and this action is DISMISSED without prejudice for failure
to prosecute and obey the Court’s orders.
A separate judgment will issue pursuant to Fed. R. Civ. P. 58.
DONE and ORDERED this 14th day of February, 2025.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
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