LEWIS
v.
CITY OF PENSACOLA

N.D. Fla. | 2025-09-08
No. 3:25cv1265
2020 WL 5751642 2025 FFL 23188 District Court, N.D. Florida (2025) Positive Treatment
Also reported at: 2020 WL 5749996 · 2023 WL 5528912
Cited by 6 cases

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Holding

The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with a court order.

Facts & Procedural History

Plaintiff, proceeding pro se and in forma pauperis, filed a civil rights action. The court struck the complaint as a shotgun pleading and ordered an a…

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Topics
Waiver Of Right To Challenge On Appeal Failure To Comply With Court Orders Dismissal Without Prejudice Civil Rights Action

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Opinion of the Court

Plaintiff is proceeding pro se and in forma pauperis in this civil rights action. On August 18, 2025, after performing its screening duties under 28 U.S.C. § 1915(e)(2)(B), the Court struck Plaintiffs complaint as a shotgun pleading and ordered Plaintiff to file an amended complaint or notice of voluntary dismissal within fourteen days. (See Doc. 6). That deadline passed on September 2, 2025, but Plaintiff has not filed an amended complaint or notice of voluntary dismissal and has not otherwise responded. [fn 1]

Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the Court. See N.D. Fla. Loc. R. 41.1 (authorizing dismissal if a "party fails to comply with an applicable rule or a court order"); see also Duong Thanh Ho v. Costello, 757 F. App'x 912, 914-15 (11th Cir. 2018) (affirming dismissal where pro se plaintiff failed to file an amended complaint as directed); Britton v. Voyles, No. 5:18-CV-242-TKW/MJF, 2020 WL 5751642, at *2-3 (N.D. Fla. Sept. 1, 2020) (dismissing without prejudice where pro se plaintiff failed to comply with the Court's order to file an amended complaint or notice of voluntary dismissal), adopted, 2020 WL 5749996 (N.D. Fla. Sept. 25, 2020); Logan v. Godwin, No. 22- 14171, 2023 WL 5528912, at *2 (11th Cir. Aug. 28, 2023) (“Ordinarily, a dismissal without prejudice for failure to comply with a court order is not an abuse of discretion.") (emphasis in original).

At Pensacola, Florida, this 8th day of September 2025.

Is) Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge

Notice to the Parties

Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court's internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge's findings or recommendations contained 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. See 11th Cir. Rule 3-1; 28 U.S.C. § 636

[fn 1]: Plaintiff was expressly warned that his “failure to comply . . . will result in a recommendation of dismissal." (Doc. 6 at 10).

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Citator

Cited By

  • Lewis v. City of Pensacola, 2020 WL 5751642 (N.D. Fla. 2025)
    …e rule or a court order”); see also _Duong Thanh Ho v. Costello_, 757 F. App’x 912, 914-15 (11th Cir. 2018) (affirming dismissal where _pro se_ plaintiff failed to file an amended complaint as directed); _Britton v. Voyles_, No. 5:18-CV-242-TKW/MJF, 2020 WL 5751642, at *2-3 (N.D. Fla. Sept. 1, 2020) (dismissing without prejudice where _pro se_ plaintiff failed to comply with the Court’s order to file an amended complaint or notice of voluntary dismissal), adopted, 2020 WL 5749996 (N.D. Fla. Sept. 25, 2020); _L…
    1 / 3
  • Demetrick Jarred Adams v. Deputy Baker #369, 2024 WL 3553278 (N.D. Fla. 2025)
    …failed to file an amended complaint as directed); _Farney v. Florida_, No. 3:24CV190-TKW-HTC, 2024 WL 3553278, at *1 (N.D. Fla. July 26, 2024) (dismissing for failure to comply with order to file amended complaint); _Logan v. Godwin_, No. 22-14171, 2023 WL 5528912, at *2 (11th Cir. Aug. 28, 2023) (“Ordinarily, ¹ On September 18, 2025, Plaintiff submitted a filing that references the FBI, a FOIA document, and retaining an attorney. (Doc. 13 at 1, 6). The filing also appears to include a “Complaint of Judicial…
  • Brazill v. Floyd (N.D. Fla. 2025)
    …ns officers, arising out of different events and occurring on different dates"). A district court also may dismiss a complaint sua sponte when a plaintiff fails to comply with the Northern District's 25-page rule. See Logan v. Godwin, No. 22-14171, 2023 WL 5528912, at *2 (11th Cir. Aug. ---PAGE 13--- Case 5:25-cv-00109-TKW-MJF Document 12 Filed 07/01/25 Page 13 of 14 28, 2023) (district court properly dismissed case without prejudice "to enforce its orders and insure prompt disposition of law suits" after…

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