SIMONA MCKENZIE
v.
HANNAH JO SINNETTE
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The court recommended dismissal without prejudice for failure to comply with a court order to file a signed complaint.
Plaintiff sued for stalking and unlawful conduct, seeking $3 million. The initial complaint was unsigned, and despite an order to refile, the plaintif…
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Report and Recommendation
The plaintiff, a Florida citizen proceeding without a lawyer, sues the defendant, a Georgia citizen, for alleged state-law violations based on allegations of stalking and other unlawful conduct. Doc. 1. The plaintiff demands $3 million in damages. Doc. 1 at 4. The plaintiff also applies to proceed without prepaying fees or costs, Doc. 2, and moves to seal her address, Doc. 3.
The undersigned struck the complaint because it was unsigned, Doc. 1, and directed the plaintiff to file a signed complaint by September 16, 2025, Doc. 5. The undersigned explained that an unrepresented party must personally sign every paper and directed the plaintiff to resources for unrepresented litigants. Doc. 5. Since the order, the plaintiff has mailed to the court two USB flash drives containing “evidence” of the alleged stalking and unlawful conduct, see Doc. 6, but has not filed a signed complaint.
A court may dismiss a case for failure to comply with an order. Gratton v. Great Am. Commc’ns, 178 F. 3d 1373, 1374 (11th Cir. 1999). Dismissal with prejudice is appropriate “only in extreme circumstances"; there must be a clear record of delay or willful conduct that lesser sanctions would be insufficient to correct. Zocaras v. Castro, 465 F. 3d 479, 483 (11th Cir. 2006) (quoted authority omitted).
Here, no extreme circumstance is present. Dismissal without prejudice is warranted for failure to comply with the order directing the plaintiff to file a signed complaint, Doc. 5.
The undersigned recommends (1) dismissing the action without prejudice and (2) directing the clerk to terminate the pending motions, Docs. 2, 3, and close the file.
"Within 14 days after being served with a copy of [a] recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.” Fed. R. Civ. P. 72(b)(2). “The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to.” Fed. R. Civ. P. 72(b)(3). “A party failing to object to findings or recommendations in a report and recommendation waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions[.]" 11th Cir. R. 3-1.
Entered in Jacksonville, Florida, on September 22, 2025.
Patricia P. Barksdale United States Magistrate Judge
c: Simona McKenzie
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Yan Zocaras v. Castro, 465 F.3d 479 (11th Cir. 2006)
- Gaile Pugh Gratton v. Great Am. Commc'ns, 178 F.3d 1373 (11th Cir. 1999)