Taylor v. Freedom Mortgage Corporation

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

JAMES LAMONT TAYLOR, ) ) Plaintiff, ) ) v. ) CV 122-154 ) FREEDOM MORTGAGE ) CORPORATION, ) ) Defendant. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff is proceeding pro se and in forma pauperis (“IFP”) in the above-captioned case. Because Plaintiff’s complaint was filed IFP, it must be screened to protect potential Defendants. Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir. 1984). Upon conducting an initial screening of Plaintiff’s complaint, the Court ordered Plaintiff on February 21, 2023, to amend his complaint within fourteen days to correct certain pleading deficiencies. (See doc. no. 9.) The Court cautioned Plaintiff that failing to submit a timely response would result in a presumption by the Court he desires to have this case voluntarily dismissed and would result in a recommendation for dismissal of this action, without prejudice. (Id. at 6.) Plaintiff moved for reconsideration, and the Court denied his motion on March 1, 2023, but extended the deadline to file an amended complaint, again explaining failure to do so will result in dismissal of this case. (Doc. nos. 10, 11.) The time to respond has passed, and Plaintiff has not submitted an amended complaint as required by the Court’s February 21st and March 1st Orders. A district court has authority to manage its docket to expeditiously resolve cases, and this authority includes the power to dismiss a case for failure to prosecute or failure to comply with a court order. Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir. 2009) (citing Fed. R. Civ. P. 41(b)); see also Eades v. Ala. Dep’t of Human Res., 298 F. App’x 862, 863 (11th Cir. 2008) (“District courts possess the ability to

dismiss a case . . . for want of prosecution based on two possible sources of authority: Fed. R. Civ. P. 41(b) or their inherent authority to manage their dockets.”). Moreover, the Local Rules of the Southern District of Georgia dictate that an “assigned Judge may, after notice to counsel of record, sua sponte . . . dismiss any action for want of prosecution, with or without prejudice . . . [for] [w]illful disobedience or neglect of any order of the Court; or [a]ny other failure to prosecute a civil action with reasonable promptness.” Loc. R. 41.1(c). Finally, dismissal

without prejudice is generally appropriate pursuant to Rule 41(b) where a plaintiff has failed to comply with a court order, “especially where the litigant has been forewarned.” Owens v. Pinellas Cty. Sheriff’s Dep’t, 331 F. App’x 654, 655 (11th Cir. 2009) (citing Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)); see also Loc. R. 41.1(b) (Court may dismiss an action sua sponte for “willful disobedience or neglect of any order of the Court”). Here, Plaintiff’s failure to file an amended complaint, or even to provide the Court with an explanation for his failure to amend his complaint (other than simple disagreement with the

Court’s order), amounts not only to a failure to prosecute, but also an abandonment of his case. This is precisely the type of neglect contemplated by the Local Rules. The Court cautioned Plaintiff that a failure to respond would be an election to have his case voluntarily dismissed. Indeed, Plaintiff is no stranger to this Court and the consequences of failure to timely submit an amended complaint. See, e.g., Taylor v. Carvana, CV 122-107 (S.D. Ga. Oct. 25, 2022) (dismissed for failure to submit an amended complaint); Taylor v. Pay Pal, CV 122-115 (S.D. Ga. Oct. 25, 2022) (same). Further, because Plaintiff is proceeding IFP, the Court finds that the imposition of monetary sanctions is not a feasible sanction. In sum, the time to respond has passed, and Plaintiff has not submitted an amended complaint as required by the Court’s prior orders. Therefore, the Court REPORTS and RECOMMENDS this case be DISMISSED without prejudice and that this civil action be CLOSED. SO REPORTED and RECOMMENDED this 22nd day of March, 2023, at Augusta, Georgia.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA