Dorsey v. South Florida Evaluation and Treatment Center

• Court: District Court, S.D. Florida
• Decided: November 30, 2023
• Docket: 1:23-cv-24509
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 23-cv-24509- BLOOM

SHERMAN DORSEY,

Plaintiff, v.

SOUTH FLORIDA EVALUATION AND TREATMENT CENTER,

Defendant. _______________________________/

ORDER OF DISMISSAL THIS CAUSE is before the Court upon a sua sponte review of the record. On November 20, 2023, Plaintiff Sherman Dorsey filed a “Complaint [f]or [a] Civil Case” which the Court construes as a Complaint for Violation of Civil Rights Under 28 U.S.C. § 1983.1 See generally ECF No. [1] (claiming that Plaintiff’s constitutional rights were violated); see also United States v. Jordan, 915 F.2d 622, 624-25 (11th Cir. 1990) (“Federal courts have long recognized that they have an obligation to look behind the label of a [pleading] filed by a pro se inmate and determine whether the [pleading] is, in effect, cognizable under a different remedial statutory framework.” (citation omitted)). As of the date of this Order, Plaintiff has not paid the Court’s filing fee or filed a motion for leave to proceed in forma pauperis. Plaintiffs who cannot pay the filing fee may file a motion for leave to proceed in forma pauperis so that they may initiate their action without first paying the Court’s filing fee. See 28

1 Under the prison mailbox rule, “a pro se prisoner’s court filing is deemed filed on the date it is delivered to prison authorities for mailing.” Williams v. McNeil, 557 F.3d 1287, 1290 n. 2 (11th Cir. 2009) (citations omitted). “Absent evidence to the contrary, [the Court assumes] that a prisoner delivered a filing to prison authorities on the date that he signed it.” Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (citation omitted). Case No. 23-cv-24509-BLOOM

U.S.C. § 1915. Under § 1915, a legally sufficient motion for leave to proceed in forma pauperis must be accompanied by “an affidavit that includes a statement of all assets such prisoner possesses ... [and] a certified copy of the trust fund account statement (or institutional equivalent) for. . . the 6-month period immediately preceding the filing of the complaint... .” /d. at (a)(1)-(2). Pursuant to Rule 41 of the Federal Rules of Civil Procedure, a district court may dismiss a complaint for failure to prosecute or failure to comply with a court order or the federal rules. See Fed. R. Civ. P. 41(b). Because Plaintiff failed to pay the filing fee or file a motion to proceed in forma pauperis, the Complaint is dismissed for want of prosecution. See Brown v. Blackwater River Corr. Facility, 762 F. App’x 982, 985 (11th Cir. 2019) (“[A] district court may sua sponte dismiss a suit for failure to prosecute or failure to comply with an order.”). Accordingly, itis ORDERED AND ADJUDGED that the Complaint, ECF No. [1], is DISMISSED WITHOUT PREJUDICE. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on November 29, 2023.

BETH BLOOM UNITED STATES DISTRICT JUDGE

Copies to: Sherman Dorsey, PRO SE 7080650 South Florida Evaluation & Treatment Center 18680 SW 376th Street Florida City, Florida 33034