IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

CHASE ANDERSON ROMAGNANO, :

 :

Plaintiff, :

vs. : CIVIL ACTION 15-00108-WS-M

 :

JUDGE ROBERT SMITH, et al., :

 : 

Defendants. :

REPORT AND RECOMMENDATION

Plaintiff, who is proceeding pro se, filed a complaint and Motion 

to Proceed Without Prepayment of Fees (Docs. 1, 2). This action was 

referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and 

Local Rule 72.2(d), and is now before the Court for Plaintiff’s failure 

to prosecute and to comply with the Court’s Order. 

On June 16, 2015, Plaintiff's Motion to Proceed Without 

Prepayment of Fees was denied and Plaintiff was ordered to pay the 

$400.00 filing fee by July 2, 2015 (Doc. 9). On July 2, 2015, Plaintiff 

filed a Motion for a Continuance to pay the filing fee (Doc. 10). 

The Motion was granted on July 10, 2015, and Plaintiff was ordered 

to pay the $400.00 filing fee in four payments so as to not deprive 

him of the basic necessities of life. The first payment of $100.00 

was due by August 7, 2015. The second payment of $100.00 was due by

September 4, 2015. The third payment of $100.00 was due by October 

2, 2015. The fourth payment of $100.00 was due by November 6, 2015

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(Doc. 11). Plaintiff was warned that his failure to comply with the 

Order within the prescribed time, which included the missing of just 

one payment, would result in the dismissal of his action for failure 

to prosecute and obey the Court’s Order. 

As of this date, Plaintiff has not made any payments, nor has 

he otherwise responded to the Court's Order. The Court finds that 

Plaintiff has abandoned prosecution of this action.

Due to Plaintiff's failure to comply with the Court's Order and 

to prosecute this action by not making a $100.00 payment for August 

7, 2015, and for September 4, 2015, and upon consideration of the 

alternatives that are available to the Court, it is recommended that, 

through the Court’s inherent powers, this action be dismissed without

prejudice. Link v. Wabash R.R., 370 U.S. 626, 630-31, 82 S.Ct. 1386, 

1389, 8 L.Ed.2d 734 (1962) (“The authority of a court to dismiss sua 

sponte for lack of prosecution has generally been considered an 

‘inherent power’ governed not by rule or statute but by the control 

necessarily vested in courts to manage their own affairs so as to 

achieved the orderly and expeditious disposition of cases.”); Zocaras 

v. Castro, 465 F.3d 479, 483 (11th Cir.) (The court “has the inherent 

ability to dismiss a claim in light of its authority to enforce its 

orders and provide for the efficient disposition of litigation.”),

cert. denied, 549 U.S. 1228 (2007); see generally Betty K Agencies, 

Ltd. v. M/V Monada, 432 F.3d 1333, 1337-38 (11th Cir. 2005) (discussing 

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dismissals pursuant to the court’s inherent power and noting cases 

where this type of dismissal has been conflated with a dismissal under 

Rule 41(b) of the Federal Rules of Civil Procedure).

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. L.R.72.4. 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 11th day of September, 2015.

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

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