Summary
The court recommends dismissing opt-in Plaintiff Chad Clonts without prejudice under Federal Rule of Civil Procedure 41(b) and the court’s inherent authority. The recommendation is based on Clonts’s failure to respond after his counsel withdrew and the court ordered him to indicate whether he would proceed pro se or obtain new counsel.
Holdings
- A district court may sua sponte dismiss a plaintiff under Federal Rule of Civil Procedure 41(b) and its inherent authority when the plaintiff fails to prosecute the action or comply with a court order; based on Clonts's failure to respond to the order regarding representation, dismissal from the action without prejudice was recommended.
Questions Presented
- Whether an opt-in plaintiff who failed to respond to an order concerning representation and thereby abandoned participation in the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) and the court's inherent authority.
Disposition
other
Cases Cited (4)
- Link v. Wabash Railroad Co., 370 U.S. 626, 630-631 (1962)(followed)
- Zocaras v. Castro, 465 F.3d 479, 483 (11th Cir. 2006), cert. denied, 549 U.S. 1228 (2007)(followed)
- Wilson v. Sargent, 313 F.3d 1315, 1331-32 & n.7 (11th Cir. 2002)(followed)
- World Thrust Films, Inc. v. International Family Entertainment, Inc., 41 F.3d 1454, 1456 (11th Cir. 1995)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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