Summary
The United States District Court for the Southern District of Alabama adopted the Magistrate Judge’s report and recommendation and dismissed Thomas H. Byrd’s action without prejudice. The dismissal was based on failure to prosecute, failure to comply with orders requiring payment of a partial filing fee, and failure to update the Court regarding his address.
Holdings
- Federal Rule of Civil Procedure 41(b) authorizes dismissal of a complaint for failure to prosecute or failure to comply with a court order or the federal rules, and the court may exercise its inherent power to make that dismissal sua sponte.
Questions Presented
- Whether the district court could dismiss the action sua sponte and without prejudice for failure to prosecute and failure to comply with court orders.
Disposition
dismissed
Cases Cited (6)
- Gratton v. Great Am. Commc'ns, 178 F.3d 1373, 1374 (11th Cir. 1999)(followed)
- Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333, 1337 (11th Cir. 2005)(followed)
- Vil v. Perimeter Mortg. Funding Corp., 715 F. App'x 912, 915 (11th Cir. 2018)(followed)
- Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989)(followed)
- Anthony v. Marion Cty. Gen. Hosp., 617 F.2d 1164, 1169 (5th Cir. 1980)(followed)
- Link v. Wabash R.R. Co., 370 U.S. 626, 630, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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