IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

RICHARD J. JENKINS, :

Plaintiff, :

vs. : CIVIL ACTION 14-00553-KD-N

STATE OF ALABAMA, et al, :

Defendants. :

REPORT AND RECOMMENDATION

Plaintiff, an Alabama prison inmate proceeding pro se, filed a motion requesting the 

issuance of a federal restraining order directing the respondents not to destroy or confiscate any 

of the petitioner’s legal material/documents (Doc. 1). This case was referred to the undersigned 

Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(c)(4) for appropriate 

action. Because Plaintiff has failed to prosecute and to comply with the Court’s Order dated 

January 12, 2015, it is recommended that this action be dismissed without prejudice. 

On December 2, 2014, this Court issued an Order directing Plaintiff to file this court’s 

1983 form and to file a current motion to proceed without prepayment of fees or pay the filing 

fee by January 5, 2015 (Doc. 3). On January 12, 2015, the Court extended the deadline until 

February 12, 2015 for Plaintiff to comply with the January 5, 2015 Order (Doc. 4). Plaintiff has 

not responded to the Court’s order nor has the document been returned as undeliverable. Plaintiff 

was cautioned that his failure to comply with the Court’s order would result in a 

recommendation that his action would be dismissed without prejudice for failure to prosecute 

and to obey the Court’s order. Due to this failure, the Court construes the lack of a response as an 

indication that Plaintiff is no longer interested in proceeding with his action.

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As a consequence of Plaintiff's failure to comply with the Court's Order and to prosecute 

this action, and upon consideration of the alternatives that are available to the Court, it is 

recommended that this action be dismissed without prejudice pursuant to Rule 41(b) of the 

Federal Rules of Civil Procedure as no other lesser sanction will suffice. Link v. Wabash R. R., 

370 U.S. 626, 630, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962) (interpreting Rule 41(b) not to restrict 

the court's inherent authority to dismiss sua sponte an action for lack of prosecution); World 

Thrust Films, Inc. v. International Family Entertainment, Inc., 41 F.3d 1454, 1456-57 (11th Cir. 

1995); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Goforth v. 

Owens, 766 F.2d 1533, 1535 (11th Cir. 1985); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 

1983). Accord Chambers v. NASCO, Inc., 501 U.S. 32, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991) 

(ruling that federal courts' inherent power to manage their own proceedings authorized the 

imposition of attorney's fees and related expenses as a sanction); Malautea v. Suzuki Motor Co., 

987 F.2d 1536, 1545-46 (11th Cir.) (finding that the court=s inherent power to manage actions 

before it permitted the imposition of fines), cert. denied, 510 U.S. 863, 114 S.Ct. 181, 126 

L.Ed.2d 140 (1993).

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 

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or refers to the briefing before the Magistrate Judge is not specific.

DONE this 27th day of February, 2015.

 s/KATHERINE P. NELSON 

 UNITED STATES MAGISTRATE JUDGE 

 

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