Eli Yadiel Acevedo and Eli Francisco Acevedo v. Lee County Sheriff Department, Sheriff Carmine Marceno and Officer Jeffrey J. Bastedo

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

ELI YADIEL ACEVEDO and

ELI FRANCISCO ACEVEDO, Case No. 2:26-cv-23-KCD-DNF

Plaintiffs,

v.

LEE COUNTY SHERIFF DEPARTMENT, SHERIFF CARMINE MARCENO and OFFICER JEFFREY J. BASTEDO,

Defendants, /

ORDER Plaintiffs Eli Yadiel Acevedo and Eli Francisco Acevedo filed this civil rights case pro se. (See Doc. 1.) But since its filing, Plaintiffs have done nothing. They have not responded to the motion to dismiss filed by Defendants Lee County Sheriff Department, Sheriff Carmine Marceno, and Officer Jeffrey J. Bastedo. (Doc. 9.) Nor have they responded to this Court’s order directing that they show cause why that motion should not be granted and why they filed no response. (Doc. 13.) Ignoring the Court’s order is grounds for dismissal. See Coleman v. St. Lucie Cnty. Jail, 433 F. App'x 716, 718 (11th Cir. 2011). “A plaintiff’s failure to prosecute diligently can result in dismissal if the plaintiff, in response to an order to show cause, fails to demonstrate due diligence and just cause for delay.” M.D. Fla. R. 3.10. Similarly, the Court has the “inherent power” to dismiss a case for lack of prosecution under its authority to manage its docket. Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962); Goforth v. Owens, 766 F.2d 1538, 1535 (11th Cir. 1985). Plaintiffs have not diligently prosecuted this case and have ignored this Court’s show cause order. At bottom, their actions show a lack of interest. The Court thus DISMISSES Plaintiffs’ claims without prejudice for failure to prosecute. See Local Rule 3.10. The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close the case. ORDERED in Fort Myers, Florida on March 30, 2026.

Kyle C. Dudek Coe ot

United States District Judge