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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

MICHELINE HAMMOUDA, #53922-053 

Plaintiff,

vs. CASE NO. 4:10cv219-RH/WCS

JOSE FRANCISCO & ASSOCIATES, et al.,

Defendants.

_____________________________________/

REPORT AND RECOMMENDATION

This cause is before me upon referral from the Clerk. In an order filed June 28,

2010, Plaintiff’s motion for leave to proceed in forma pauperis, doc. 4, was granted and

he was directed to submit an initial partial filing fee in the amount of $37.50 by July 28,

2010. The agency having custody of Plaintiff was instructed to forward the balance due

of the filing fee in monthly payments from Plaintiff's account, pursuant to the Prison

Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996). Plaintiff was advised

that his failure to comply with that order would result in a recommendation of dismissal

of this action. Doc. 5. To date, Plaintiff has not responded.
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A trial court has inherent power to dismiss a case sua sponte for failure to

prosecute. Link v. Wabash R.R., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962). 

Fed. R. Civ. P. 41(b) authorizes a district court to dismiss an action for failure to obey a

court order. Moon v. Newsome, 863 F.2d 835, 838 and cases cited (11th Cir.), cert.

denied, 493 U.S. 863 (1989). Failure to pay an assessed initial partial filing fee is

grounds for dismissal. Wilson v. Sargent, 313 F.3d 1315, 1318, 1322, n.7, citing Collier

v. Tatum, 722 F.2d 653, 655-56 (11th Cir. 1983). Since Plaintiff has failed to comply

with orders of this court, and failed to respond to the order to show cause, his complaint

should now be dismissed without prejudice.1 

Plaintiff shall have a 14 day period after service of this report and

recommendation in which to file objections. This will also afford Plaintiff a final

opportunity to show good cause for his failure to respond. Plaintiff may do so by a

motion for reconsideration which will be referred to me by the Clerk.

It is therefore, respectfully RECOMMENDED that this case be DISMISSED

without prejudice.

IN CHAMBERS at Tallahassee, Florida, on August 26, 2010.

s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

 

 1 Dismissal of this action does not relieve Plaintiff of the obligation to pay the full filing fee in this case. 

Thus the court's order granting leave to proceed in forma pauperis, in which plaintiff was directed to submit

the initial partial filing fee and the agency having custody of plaintiff was instructed to forward monthly

payments from Plaintiff's prison account towards the balance due of the filing fee, remains in effect.

Case No. 4:10CV219-RH/WCS
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NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14

days after being served with a copy thereof. Failure to file specific objections

limits the scope of review of proposed factual findings and recommendations.

Case No. 4:10CV219-RH/WCS