GONZALEZ v. FLORIDA STATE HOSPITAL

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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
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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.
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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
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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.
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