BURTON
v.
UNITED STATES
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The district court dismissed John Burton's civil action for failure to prosecute and failure to comply with a show cause order requiring him to file a complaint by December 16, 2024. The plaintiff never filed a complaint, did not update his address, and had a related case dismissed for similar reasons.
The court denied Burton's in forma pauperis motion and dismissed the action without prejudice for failure to prosecute and failure to comply with the court's show cause order.
[1] A case may be dismissed for failure to prosecute when a plaintiff fails to file a complaint after being ordered to do so.
[2] A court may dismiss a case for failure to prosecute when a plaintiff fails to comply with a court order directing them to file a complaint stating a viable federal cause…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mr. Burton never filed a complaint in this case. On November 25, 2024, the Court issued a show cause order directing Plaintiff to file a complaint—one that states a viable federal cause of action—by December 16, 2024, or this case would be dismissed for failure to prosecute.”
Establishes the core facts underlying dismissal: plaintiff's complete failure to file a complaint despite explicit court order.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBurton filed a pro se motion to proceed in forma pauperis but never filed a complaint. The court issued a show cause order on November 25, 2024, direc…
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Before the Court is Plaintiff John Burton's pro se motion to proceed in forma pauperis (Dkt. 1), and the United States Magistrate Judge's report recommending that the motion be denied and the case be dismissed for failure to prosecute (Dkt. 4). The time for filing objections has passed.
Mr. Burton never filed a complaint in this case. On November 25, 2024, the Court issued a show cause order directing Plaintiff to file a complaint-one that states a viable federal cause of action-by December 16, 2024, or this case would be dismissed for failure to prosecute. Dkt. 2. Plaintiff failed to notify the Court of any change in address, and the order was returned as undeliverable. See Dkts. 3 & 4 at 2. Plaintiff has not filed anything in this case since it was opened.
As noted by the Magistrate Judge, Mr. Burton's appeal from another, possibly related case, No. 8:23-cv-1372-CEH-SPF, was dismissed on November 18, 2024, for failure to prosecute. Dkt. 4 at 2. In that case, Plaintiff neither paid the filing fee nor moved to proceed in forma pauperis.
The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). The facts are clear from the record. The magistrate judge properly recommends that the action be dismissed. For the reasons explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court rules as follows:
1. The Report and Recommendation (Dkt. 4) is adopted, confirmed, and approved in all respects and made a part of this order. 2. Plaintiff's application to proceed in the district court without prepaying fees or costs (Dkt. 1) is denied. 3. This action is dismissed without prejudice for failure to prosecute and failure to comply with the Court's order. 4. The Clerk is directed to terminate any pending motions and deadlines and to close the case.
DONE AND ORDERED at Tampa, Florida, on January 7, 2025.
WILLIAM F. JUNG
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Plaintiff, pro se 2