Lampkin v. Delta Air Lines, Inc.

No. 4:25cv495-MW-MAF (N.D. Fla. Mar. 23, 2026) (report and recommendation) · United States District Court for the Northern District of Florida, Tallahassee Division · March 23, 2026 · No. 4:25cv495-MW-MAF

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

  1. 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.
  2. 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

  1. Whether the action should be dismissed sua sponte for failure to prosecute.
  2. 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.

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