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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-23023-KMM

TASH JERNAZIAN,

Plaintiff,

v.

MIAMI-DADE PUBLIC LIBRARY 

SYSTEM,

Defendant.

___________________________________ /

REPORT AND RECOMMENDATION

THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiff Tash 

Jernazian, who is proceeding pro se, brings this action against Defendant Miami-Dade Public 

Library System. (ECF No. 1). The matter has been referred to the undersigned by the Honorable 

K. Michael Moore, United States District Judge, to take all necessary and proper action as required 

by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and 

Recommendation on any dispositive matters, except for any motion for relief affecting the district 

court’s scheduling order. (ECF No. 5). Having reviewed the record, and being otherwise fully 

advised in the premises, the undersigned RECOMMENDS that this action be DISMISSED 

without prejudice for the reasons set forth below.

I. DISCUSSION

Plaintiff Tash Jernazian commenced this action against Defendant Miami-Dade Public 

Library System on September 20, 2022. In the Complaint (ECF No. 1), Plaintiff claims that 

Defendant “caused them domestic violence” by “allow[ing] and foster[ing] a culture [of] 

harassment within the County Library System.” (Id. at 2). Plaintiff also claims that Plaintiff was 

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“mask harassed within government library buildings,” and “denied fair access to the library and 

various public resources.” (Id.). Accordingly, Plaintiff seeks $105,000.00 in punitive damages 

for the domestic violence Plaintiff experienced. (Id.). 

The Complaint is deficient in multiple respects. First, the Complaint lacks sufficient 

factual context, as it does not allege facts explaining the role the named defendant had in the 

domestic violence Plaintiff experienced. Second, the Complaint fails to allege a basis for this 

Court’s jurisdiction. The Court also observes that the Complaint seeks punitive damages for 

domestic violence in the exact same amount Plaintiff seeks in another case—Jernazian v. MiamiDade Victim Advocate Services, No. 1:22-cv-23011-KMM (S.D. Fla. 2022)—which was filed the 

same day as this case and, likewise, also fails to allege sufficient factual context and allege a basis 

for this Court’s jurisdiction.

Moreover, Plaintiff has failed to comply with this Court’s orders. The Court recommends 

that the case be dismissed without prejudice on this basis. On September 27, 2022, the Court 

entered an Order to Show Cause (ECF No. 6), observing that Plaintiff had failed to file a civil 

cover sheet upon initiating this action, in violation of Local Rule 3.3, and had further failed to file 

the civil cover sheet within 24 hours after being instructed to do so by the Clerk of Court. 

Consequently, the Court ordered Plaintiff to show good cause why Plaintiff failed to comply with 

the Clerk of Court’s instruction to file a Notice, attaching the completed civil cover sheet, within 

24 hours. The Court’s Order to Show Cause permitted Plaintiff to, in the alternative, file the 

completed civil cover sheet. 

Plaintiffs’ response to the Court’s Order to Show Cause, or the completed civil cover sheet

in the alternative, was due on or before October 7, 2022. (ECF No. 6 at 2). Plaintiff was warned 

that “failure to respond or otherwise comply with this Order to Show Cause shall result in a 

recommendation to the district judge that the Complaint be dismissed without prejudice for failure 

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to comply with a court order.” (Id.) (citing Foudy v. Indian River Cnty. Sheriff’s Off., 845 F.3d 

1117, 1126 (11th Cir. 2017)). However, review of the record reveals that, to date, Plaintiff has

failed to respond to the Court’s Order to Show Cause, or otherwise file a Notice, attaching a civil 

cover sheet. Accordingly, the Court may dismiss this action without prejudice for failure to 

comply with Court orders. See Foudy v. Indian River Cnty. Sheriff’s Off., 845 F.3d 1117, 1126 

(11th Cir. 2017) (“Federal courts possess an inherent power to dismiss a complaint for failure to 

comply with a court order.”); see also Fed. R. Civ. P. 41(b).

II. RECOMMENDATION

For the foregoing reasons, the undersigned RECOMMENDS that this action be 

DISMISSED without prejudice in its entirety for failure to comply with Court orders, that this 

case be closed, and that Plaintiff be permitted to reopen this case upon the filing of a Civil Cover 

Sheet in compliance with the Local Rules. 

A party shall serve and file written objections, if any, to this Report and Recommendation 

with the Honorable K. Michael Moore, United States District Judge for the Southern District of 

Florida, within FOURTEEN (14) DAYS of being served with a copy of this Report and 

Recommendation. Failure to timely file objections will bar a de novo determination by the District 

Judge of anything in this recommendation and shall constitute a waiver of a party’s “right to 

challenge on appeal the district court’s order based on unobjected-to factual and legal 

conclusions.” 11th Cir. R. 3-1 (2016); 28 U.S.C. § 636(b)(1)(C); see also Harrigan v. Metro-Dade 

Police Dep’t Station #4, 977 F.3d 1185, 1191–92 (11th Cir. 2020).

RESPECTFULLY SUBMITTED in Chambers at Miami, Florida, this 1st day of 

November, 2022.

LAUREN F. LOUIS

UNITED STATES MAGISTRATE JUDGE

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cc: Honorable K. Michael Moore

Tash Jernazian

3610 NE 1st Avenue

Unit C

Miami, FL 33137

PRO SE

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