5:26-cv-00002•STODDARD v. DIXON et al
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Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JOSEPH STODDARD, Plaintiff, v. Case No. 5:26-cv-2-MCR-MJF RICKY DIXON, et al., Defendants. / REPORT AND RECOMMENDATION The undersigned recommends that this case be dismissed because Plaintiff failed to comply with two court orders and applicable court rules, and Plaintiff failed to pay the filing fee. BACKGROUND Plaintiff, a Florida prisoner, commenced this civil action on January 2, 2026, by filing a pro se civil-rights complaint and an application for leave to proceed in forma pauperis (“IFP”). Docs. 1, 2. Plaintiff’s IFP application was deficient because Plaintiff failed to use the court-approved forms, failed to provide a prisoner consent form and a financial certificate signed by a prison official, and failed to attach an Case 5:26-cv-00002-MCR-MJF Document 6 Filed 03/17/26 Page 1 of 4
Page 2 of 4 account printout covering the six-month period immediately preceding the filing of his complaint. Doc. 4 at 2; see also 28 U.S.C. § 1915(a)(2); N.D. Fla. Loc. R. 5.3. On January 15, 2026, the undersigned instructed Plaintiff of the deficiencies in his IFP application and ordered Plaintiff to pay the $405.00 filing fee or file a new and complete application for leave to proceed in forma pauperis that included a motion on the court-approved form, supporting affidavit, prisoner consent form and 6-month account printout. Doc. 4. The undersigned imposed a compliance deadline of February 6, 2026 and warned Plaintiff that failure to comply with the order likely would result in this case being dismissed. Id. at 4–5. To date, Plaintiff has not complied with the order dated February 6, 2026, and has not responded to the 14-day show-cause order entered on February 20, 2026. Doc. 5. 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 Case 5:26-cv-00002-MCR-MJF Document 6 Filed 03/17/26 Page 2 of 4
Page 3 of 4 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. Co., 370 U.S. 626, 632 (1962). Furthermore, a district court may dismiss a civil action when a plaintiff fails to pay the filing fee or demonstrate that he qualifies to proceed in forma pauperis. See 28 U.S.C. § 1915(a); N.D. Fla. Loc. R. 5.3; Wilson v. Sargent, 313 F.3d 1315, 1320–21 (11th Cir. 2002). Plaintiff has failed to comply with two court orders and applicable rules for the Northern District of Florida, failed to prosecute this action, and failed to pay the filing fee or file a proper motion for leave to proceed in forma pauperis. Plaintiff has offered no excuse for his failures and, consequently, has not shown good cause. Accordingly, dismissal of this action is appropriate. C ONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS this civil action without prejudice. 2. DIRECT the clerk of court to close this case file. Case 5:26-cv-00002-MCR-MJF Document 6 Filed 03/17/26 Page 3 of 4
Page 4 of 4 At Panama City, Florida, this 17th day of March 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 28 U.S.C. § 636(b)(1)(B), (C). Objections to 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. A party must serve a copy of any objections on all other parties. A party who fails to object to this 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. Case 5:26-cv-00002-MCR-MJF Document 6 Filed 03/17/26 Page 4 of 4
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