Efraim Montalvo v. Lacky, et al.

• Court: District Court, N.D. Florida
• Decided: October 8, 2025
• Docket: 5:23-cv-00331
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

EFRAIM MONTALVO,

Plaintiff,

v. Case No. 5:23-cv-331-MW/MJF

LACKY, et al.,

Defendants. / REPORT AND RECOMMENDATION Because Plaintiff failed to comply with two court orders and failed to prosecute this action, the District Court should dismiss this action without prejudice. I. BACKGROUND On July 30, 2025, Defendants filed a motion to dismiss. Doc. 48. On August 4, 2025, the undersigned ordered Plaintiff to respond to the motion to dismiss. Doc. 49. The undersigned imposed a compliance deadline of September 3, 2025, and warned Plaintiff that the failure to comply with the order likely would result in dismissal of this action. Plaintiff did not comply with that order. On September 15, 2025, the undersigned ordered Plaintiff to

explain and show cause for his failure to comply with the undersigned’s order of August 4, 2025. Doc. 50. Additionally, the undersigned ordered Plaintiff to respond to the motion to dismiss. The undersigned imposed a

deadline of September 30, 2025, to comply 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.

II. DISCUSSION “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. Co., 370 U.S. 626, 632 (1962). Plaintiff has failed to comply with two court

orders. Plaintiff has offered no excuse for his failures and, consequently, has not shown good cause. Accordingly, dismissal of this civil action is appropriate. III. CONCLUSION

Because Plaintiff failed to comply with court orders and failed to prosecute this action 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 8th day of October, 2025.

/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 address preliminary matters and 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 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. An objecting party must serve a copy of the objections on 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. R. 3-1; 28 U.S.C. § 636.