Earl Levon Baker, Jr. v. Brian S. Kramer, et al.

Summary

This Report and Recommendation addresses dismissal of an inmate’s pro se civil action for failure to comply with court orders. The plaintiff did not file a required second amended complaint, pay the initial partial filing fee, or respond to an order to show cause. The magistrate judge recommended dismissal without prejudice under the Northern District of Florida’s local rule and related Eleventh Circuit authority.

Holdings

1. Dismissal without prejudice is warranted when a plaintiff fails to comply with applicable court orders, including orders requiring an amended complaint and payment of an initial partial filing fee.
2. A show-cause order being returned as undeliverable does not excuse a plaintiff's failure to comply with prior court orders when the plaintiff was responsible for ensuring that the court had an accurate mailing address.

Questions Presented

1. Whether the action should be dismissed without prejudice because Plaintiff failed to comply with orders requiring a second amended complaint and payment of an initial partial filing fee.
2. Whether the returned-as-undeliverable show-cause order excused Plaintiff's failure to comply with the court's orders.

Disposition

dismissed