Summary
The magistrate judge recommends dismissing Tina Lampkin’s pro se action against Delta Air Lines, Inc. for failure to prosecute and failure to comply with a court order requiring a third amended complaint. The recommendation states that Plaintiff was warned of the consequences of noncompliance and did not file the amended complaint or a notice of voluntary dismissal.
Holdings
- A district court may exercise its inherent docket-management authority to dismiss an action sua sponte when a plaintiff fails to prosecute or fails to comply with a court order.
- Dismissal was appropriate because Plaintiff failed to prosecute and disregarded the order requiring a third amended complaint after being expressly warned that noncompliance could lead to dismissal.
Questions Presented
- Whether the action should be dismissed sua sponte for failure to prosecute.
- Whether the action should be dismissed for failure to comply with the court's order directing Plaintiff to file a third amended complaint.
Disposition
other
Cases Cited (5)
- Ciosek v. Ashley, No. 3:13cv147-RV-CJK, 2015 WL 2137521, at *2 (N.D. Fla. May 7, 2015)(followed)
- Smith v. Bruster, 424 F. App'x 912, 915 (11th Cir. 2011)(followed)
- Link v. Wabash R.R. Co., 370 U.S. 626, 630, 82 S. Ct. 1386, 1389, 8 L. Ed. 2d 734 (1962)(followed)
- Betty K Agencies, Ltd. v. M/V MONADA, 432 F.3d 1333, 1337 (11th Cir. 2005)(followed)
- Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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