IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

TILLMAN NORTH, :

Plaintiff, :

v. : CA 15-00009-KD-C

ESCAMBIA COUNTY SHERIFF’S :

DEPARTMENT, et al.,

:

Defendants.

REPORT AND RECOMMENDATION

This action has been referred to the undersigned, in accordance with 28 U.S.C. § 

636(b)(1)(B) and General Local Rule 72(a)(2)(R) (effective August 1, 2015), for 

appropriate action. For the reasons stated herein, it is RECOMMENDED that the Court 

dismiss this action based upon plaintiff’s failure to prosecute this action and fully 

comply with the Court’s order entered on March 23, 2015 (doc. 10).

The pro se plaintiff, Tillman North, filed a Complaint (doc. 1) and Application to 

Proceed In Forma Pauperis (doc. 2) in the Northern District of Alabama on December 4, 

2014. On December 17, 2014, the Northern District transferred this matter to this Court, 

(doc. 4), and, on January 12, 2015, this Court entered an order requiring that the plaintiff 

file the form complaint and motion to proceed without prepayment of fees utilized by 

this Court (doc. 6). The Court ordered the plaintiff to file that form complaint and 

motion by January 30, 2015. (Id. at 1.) Furthermore, the Court specifically stated that 

“[f]ailure to comply with [its order] within the prescribed time or to notify the Court 

immediately of a change in address will result in the dismissal of this action for failure 

to prosecute and to obey the Court’s order.” (Id.)

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After the plaintiff failed to comply with the Court’s lawful order of January 12, 

2015, the undersigned entered a recommendation that plaintiff’s action be dismissed 

without prejudice for failure to prosecute this action and obey the Court’s lawful order. 

(Doc. 8.) Plaintiff filed an objection to the recommendation on March 16, 2015 (doc. 9), 

prompting the undersigned to rescind the recommendation by order entered on March 

23, 2015 (doc. 10). The order rescinding the recommendation, however, also instructed 

plaintiff to “complete and file by April 20, 2015, this Court’s form for a complaint under 

42 U.S.C. § 1983 and for a motion to proceed without prepayment of fees.” (Id. at 1.) 

The new complaint will supersede the prior complaint. Thus, Plaintiff 

shall not rely upon his prior complaint. Failure to comply with this order 

within the prescribed time or to notify the Court immediately of a change 

in address will result in the dismissal of this action for failure to 

prosecute and to obey the Court’s order.

The Clerk is DIRECTED to send to Plaintiff at the Escambia County 

jail address (see return address at Doc. 9), a form for a complaint under ¶ 

1983 and for a motion to proceed without prepayment of fees.

(Id. at 1-2 (emphasis supplied).) 

The plaintiff failed to fully comply with the Court’s order entered on March 23, 

2015 because although he did file the IFP form utilized by this Court on April 13, 2015 

(doc. 12),

1 he has never filed a complaint utilizing this Court’s § 1983 complaint form 

(see Docket Sheet). In addition to the foregoing, plaintiff has never informed the Court 

that he has a new address, nor has he filed a motion requesting additional time to file 

his court-ordered § 1983 complaint. (See id.)

 1 Plaintiff’s IFP form identified his address as the same place to which the Clerk’s 

Office sent the Court’s order entered on March 23, 2015. (Compare Doc. 12, at 4 (address 

identified as 316 Court Street, Brewton, AL 36427) with Doc. 9 (same address) and Docket Sheet 

(same address listed on the docket sheet).)

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An action may be dismissed if a plaintiff fails to prosecute it or if he fails to 

comply with any court order. Fed. R. Civ. P. 41(b); see also Link v. Wabash Railroad Co., 

370 U.S. 626, 630-631, 82 S. Ct. 1386, 1388-1389, 8 L. Ed. 2d 734 (1962) (holding district 

courts have the power to sua sponte dismiss a cause of action for failure to prosecute); 

World Thrust Films, Inc. v. International Family Entertainment, Inc., 41 F.3d 1454, 1456 (11th 

Cir. 1995) (“‘A district court has authority under Federal Rule[] of Civil Procedure 41(b) 

to dismiss actions for failure to comply with local rules.’”).

Because the plaintiff has failed to fully comply with this Court’s March 23, 2015 

order, it is RECOMMENDED that the Court DISMISS this case WITHOUT 

PREJUDICE pursuant to Fed. R. Civ. P. 41(b) due to the North’s failure to prosecute 

this action and failure to obey this Court’s lawful orders.

The Clerk is DIRECTED to mail a copy of this report and recommendation to the 

plaintiff at the address indicated in the two pleadings filed by North following entry of 

the initial report and recommendation. (Docs. 7 & 12.)2

NOTICE OF RIGHT TO FILE OBJECTIONS

A copy of this report and recommendation shall be served on all parties in the 

manner provided by law. Any party who objects to this recommendation or anything in 

it must, within fourteen (14) days of the date of service of this document, file specific 

written objections with the Clerk of this Court. See 28 U.S.C. § 636(b)(1); FED.R.CIV.P. 

72(b); S.D. Ala. GenLR 72(c)(1) & (2). The parties should note that under Eleventh 

Circuit Rule 3-1, “[a] party failing to object to a magistrate judge’s findings or 

recommendations contained in a report and recommendation in accordance with the 

provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district 

 2 In light of the contents of this report and recommendation, plaintiff’s motion to 

proceed without prepayment of fees and costs (Doc. 12) is DENIED.

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court’s order based on unobjected-to factual and legal conclusions if the party was 

informed of the time period for objecting and the consequences on appeal for failing to 

object. In the absence of a proper objection, however, the court may review on appeal 

for plain error if necessary in the interests of justice.” 11th Cir. R. 3-1. In order to be 

specific, an objection must identify the specific finding or recommendation to which 

objection is made, state the basis for the objection, and specify the place in the 

Magistrate Judge’s report and recommendation where the disputed determination is 

found. An objection that merely incorporates by reference or refers to the briefing 

before the Magistrate Judge is not specific.

DONE this the 27th day of August, 2015.

s/WILLIAM E. CASSADY

UNITED STATES MAGISTRATE JUDGE

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