4:25-cv-00375•BELAIR v. WARDEN FCI TALLAHASSEE et al
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Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION MICHELLE LORENE BELAIR, Petitioner, v. Case No. 4:25cv375/AW/MAL WARDEN, FCI TALLAHASSEE, Respondents. / REPORT AND RECOMMENDATION On September 25, 2025, this Court entered a detailed order identifying deficiencies in Petitioner’s amended petition for writ of habeas corpus under 28 U.S.C. § 2241 and instructing her how to file a second amended petition if she wished to proceed with this action. ECF No. 7. She was given a deadline of October 27, 2025, to file her second amended petition and two service copies, and she was warned that failure to comply could result in a recommendation of dismissal of her case. A copy of the order was sent to Petitioner at her address of record and the address for “staff mail” at RRM, Kansas City.1 Petitioner did not respond. 1 The Bureau of Prisons’ website reflects Petitioner’s location as Kansas City RRM. See https://www.bop.gov/inmateloc/. She still has not filed a notice of change of address, and the Bureau of Prisons’ website does not provide an address for inmates to receive mail at RRM Kansas City or any RRM, only staff mail. Case 4:25-cv-00375-AW-MAL Document 9 Filed 12/09/25 Page 1 of 3
Page 2 of 3 Therefore, on November 7, 2025, the Court entered an order directing Petitioner to show cause why this case should not be dismissed due to Petitioner’s failure to comply. ECF No. 8. Again, a copy of the order was sent to Petitioner at both her address of record and to the address for “staff mail” at RRM Kansas City. She was given until November 21, 2025, to respond. Petitioner has filed nothing further. 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, typically upon motion of the defendant. See Moon v. Newsome, 863 F.2d 835, 838 (11th Cir. 1989) (citing cases). Rule 41.1 of the Local Rules of the Northern District of Florida also authorizes the court to impose sanctions, up to and including dismissal, for failure to comply with a rule or court order. Thus, because Petitioner has failed to comply with Court orders necessary for the continuation of this case, the amended petition should be dismissed without prejudice. Accordingly, it is respectfully RECOMMENDED: 1. Petitioner’s amended petition under 28 U.S.C. § 2241, ECF No. 6, be DISMISSED without prejudice for her failure to comply with an order of the Court. Case 4:25-cv-00375-AW-MAL Document 9 Filed 12/09/25 Page 2 of 3
Page 3 of 3 2. The clerk be directed to close the case file. DONE on December 9, 2025. s/ Midori A. Lowry Midori A. Lowry United States Magistrate Judge NOTICE TO THE PARTIES The case was referred to a magistrate judge for the issuance of all preliminary orders and any recommendations to the district court regarding dispositive matters. See N.D. Fla. Loc. R. 72.2(B); see also 28 U.S.C. § 636(b); 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 its objections upon 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. Rule 3-1; 28 U.S.C. § 636. Case 4:25-cv-00375-AW-MAL Document 9 Filed 12/09/25 Page 3 of 3
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