BENSON
v.
HERNANDO COUNTY SCHOOL DISTRICT BOARD
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The court held that the action is dismissed without prejudice because the plaintiff failed to timely file an amended complaint and motion to proceed in forma pauperis.
Plaintiff initiated an action challenging mask mandates and quarantines, seeking to proceed in forma pauperis. The Magistrate Judge found the complain…
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This matter is before the Court upon periodic review. Because Plaintiff has failed to timely file an Amended Complaint and submit a new motion to proceed in forma pauperis or alternatively pay the filing fee, despite being given the opportunity to do so, this action is due to be dismissed without prejudice.
DISCUSSION
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 Circuit has recognized that a district court may dismiss an action sua sponte for the plaintiff’s failure to prosecute his case or obey a court order under Rule 41(b). Betty K Agencies, Ltd., 432 F. 3d at 1337.
Plaintiff, Mark Benson, proceeding pro se, initiated this action on August 26, 2021 with the filing of a “Complaint and Motion for Emergency Injunction.”1 Doc. 1. In conjunction with the filing of his Complaint, Plaintiff sought to proceed without prepaying the filing fees. Doc. 2. Plaintiff’s Complaint names Hernando County
School District, John Stratton, Dennis Alfonso, and Linda Prescott as Defendants and purports to assert claims under the First, Fourth, Ninth, and Tenth Amendments to the United States Constitution. Specifically, Plaintiff challenges the mask mandates and quarantines imposed on the school children of Hernando County for the 2020- 2021 school year. He also alleges he was forced to leave a school board meeting. He
seeks an injunction to prevent the Hernando County School Board from re-imposing mask mandates at a school board meeting that was scheduled for August 31, 2021. On September 13, 2021, the Magistrate Judge entered an order taking Plaintiff’s motion to proceed in forma pauperis under advisement because his financial affidavit failed to support his claim of indigency. Doc. 6. Additionally, the Magistrate Judge
analyzed the complaint under 28 U.S.C. § 1915(e)(2)(B) and determined Plaintiff’s Complaint failed to state a claim and failed to comply with the Federal Rules of Civil
1. This action is DISMISSED, without prejudice.
2. The Clerk of Court is directed to terminate all motions and deadlines and CLOSE this case. DONE and ORDERED in Tampa, Florida on October 29, 2021.
[...] lene Ldwarda Mp TDs gl ell Charlene Edwards Honeywell United States District Judge
Copies furnished to: Mark Bradford Benson, pro se Counsel of Record