HOWELL
v.
CROSSPOINT VETERINARY HOSPITAL, LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the action should be dismissed without prejudice due to the plaintiffs' failure to prosecute and comply with court orders.
Plaintiffs failed to respond to a court order to show cause why their action should not be dismissed for failure to prosecute and failed to submit req…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Federal Rule Of Civil Procedure 41(B) Dismissal cases and more on FLexlaw
This matter is before the Court on review of the file. A November 14, 2022 order directed Plaintiffs Elise and John Howell to show cause within fourteen days why this action should not be dismissed for failure to prosecute. Doc. 24. Additionally, the Court directed Plaintiffs to submit new applications to proceed in federal court without prepaying fees and costs using the long form found on the Court’s website. Doc. 24. Because Plaintiffs failed to respond to the Court’s Order or to request an extension of time to do so, this action is due to be dismissed without prejudice.
DISCUSSION
Plaintiffs, proceeding pro se, initiated this action in May 2021 by filing a Complaint against CrossPoint Veterinary Hospital, LLC, for damages arising out of the death of their Himalayan cat, “Stripe.” Doc. 1. The procedural history of the action is set forth in detail in the Court’s Order to Show Cause issued November 14, 2022. See Doc. 24. Review of the docket reveals the Clerk sent the Court’s order to show cause to Plaintiffs on November 14, 2022. On November 30, 2022, the mail was returned marked as “Return to Sender. Not deliverable as addressed. Unable to Forward.” No change of address or forwarding information was included. See Docs. 25, 26. Nothing has been filed by Plaintiffs in this case since November 2021. No change of address has been provided. Plaintiffs have not complied with the Court’s
Order to Show Cause, nor sought an extension of time to do so. The Court cautioned Plaintiffs that failure to respond to the show cause order and to file applications to proceed without prepaying fees on the long form within the time provided would result in dismissal of this action, without prejudice and without further notice.1 Doc. 24 at 3.
A district court may dismiss a plaintiff’s claims pursuant to Rule 41(b) or the court’s inherent authority to manage its docket. Betty K Agencies, Ltd. v. M/V MONADA, 432 F. 3d 1333, 1337 (11th Cir. 2005). Under Rule 41(b), “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss this action or any claim against it.” Fed. R. Civ. P. 41(b). The Eleventh
1. This action is DISMISSED, without prejudice.
2. The Clerk is directed to terminate all pending deadlines and to CLOSE this case. DONE AND ORDERED in Tampa, Florida on December1, 2022.
Chakon dwwWJanks Ho Ts pl uel Charlene Edwards Honeywell United States District Judge
Copies to: Counsel of Record Unrepresented parties