73 Florida cases classified under this topic, plus 622 listed through its narrower topics · sorted by citation count · browse and sort
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The court accepted the magistrate judge's report and recommendation, dismissing the case without prejudice for failure to prosecute and comply with court orders.
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S.D. Fla.·
2025-10-22
The court held that the plaintiff's complaint was procedurally deficient, failed to state a claim, and constituted an improper shotgun pleading, warranting dismissal.
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The court held that the plaintiff failed to state a claim for deliberate indifference under the Eighth Amendment because he did not sufficiently allege a substantial risk of serious harm or that the defendant acted with subjective criminal recklessness.
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The court held that dismissal without prejudice is appropriate due to the plaintiff's failure to comply with court orders and prosecute the action.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to prosecute and comply with court orders regarding the initial partial filing fee.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to prosecute and comply with court orders.
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The court recommends dismissal of the case without prejudice for failure to comply with court orders and failure to prosecute.
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The court held that the pro se prisoner's complaint was procedurally deficient and dismissed it without prejudice, but granted the motion to proceed in forma pauperis and allowed an opportunity to amend.
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M.D. Fla.·
2025-09-18
The court held that a pro se plaintiff's second amended complaint was properly dismissed without prejudice under Rule 41(b) for failure to comply with court orders and federal pleading standards regarding claim joinder.
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The court denied the plaintiff's renewed motion for leave to amend the complaint because the plaintiff failed to demonstrate good cause for the untimely filing and exceeded the scope of prior court orders.
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The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint without prejudice.
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The court held that dismissal without prejudice is appropriate due to the plaintiff's failure to comply with court orders and prosecute the action.
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The court held that the defendant's pattern of willful, bad faith, and dilatory behavior, culminating in his failure to appear at a scheduled pretrial conference, warranted default judgment on the plaintiff's claims and dismissal of the counterclaim.
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The court held that the plaintiff's prolonged inaction and failure to prosecute the case, despite warnings and a court order compelling arbitration, warranted dismissal with prejudice.
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The court approved the FLSA settlement agreement and dismissed the non-participating plaintiffs with prejudice.
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The court held that dismissal of the action without prejudice is appropriate due to the plaintiff's repeated failure to comply with court orders, pay the filing fee, and prosecute the action.
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The court recommends dismissal of the action without prejudice due to the plaintiff's repeated failure to comply with court orders regarding payment of the filing fee or filing an application to proceed in forma pauperis.
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The court recommended granting plaintiff's motion for default judgment and permanent injunction because the defendant willfully failed to defend the action and the plaintiff adequately alleged a breach of contract claim and grounds for injunctive relief.
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The court held that the plaintiff's complaint failed to state a claim upon which relief could be granted due to insufficient factual allegations and improper form, and that his IFP motion was legally insufficient.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders.
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Plaintiff's claims against a deceased defendant must be dismissed without prejudice when the plaintiff fails to comply with court orders to identify a personal representative or dismiss the claims.
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The court recommended dismissal of the case because the plaintiff failed to comply with court orders, pay the assessed filing fee, and prosecute the action.
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The court held that the Plaintiff's failure to comply with court orders, local rules, and failure to prosecute warrants dismissal of the action without prejudice.
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The court recommended granting the unopposed motion to dismiss because the plaintiff failed to comply with court orders regarding discovery and failed to prosecute the case.
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The District Court should dismiss the action because the plaintiff failed to comply with court orders and failed to prosecute the case.
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The court recommends dismissal of the case without prejudice due to the plaintiff's failure to prosecute, failure to comply with court orders, and the complaint's legal deficiencies.
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The court held that the plaintiff's complaint was a shotgun pleading and must be stricken, requiring repleading.
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The court held that the action should be dismissed without prejudice due to the plaintiff's failure to comply with court orders and prosecute the case.
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The court recommended dismissal of the pro se plaintiff's complaint because he failed to truthfully disclose his litigation history, failed to state a claim against the defendants due to prosecutorial and public defender immunity, and failed to comply with a court order.
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The court recommended dismissal of the petition for failure to prosecute, failure to keep the court apprised of his address, and failure to comply with court orders.
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The court recommended dismissal of the action without prejudice due to the plaintiff's failure to comply with court orders, pay the filing fee, and prosecute the case.
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The court held that it has the discretion to dismiss a case without prejudice for failure to comply with local rules, specifically the failure to respond to a motion to dismiss.
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The court denied the defendant's motion to dismiss for failure to prosecute without prejudice, giving the plaintiff a final opportunity to comply with court orders.
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The court recommends dismissal of the petition for failure to prosecute and mootness.
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The court recommended dismissal of the case for lack of standing and Eleventh Amendment immunity, and denied the motion for summary judgment as premature.
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The court recommended dismissal of the action without prejudice due to the plaintiff's failure to comply with court orders, pay the filing fee, and prosecute the case.
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to prosecute and comply with court orders.
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The court held that Plaintiff's race and national origin discrimination claims survive dismissal, but her retaliation and hostile work environment claims are dismissed for failure to state a claim.
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The court held that the plaintiff's motion to stay proceedings is stricken for failure to comply with local rules and that the case remains closed and terminated.
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The court held that the plaintiff's amended complaint failed to state a claim against the defendant judges due to judicial and Eleventh Amendment immunity, and against the OCBCC due to a lack of factual allegations and failure to meet the requirements of 42 U.S.C. § 1985(2).
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The court held that the plaintiff's complaint must be dismissed because it fails to state a claim over which the court has subject matter jurisdiction and constitutes a shotgun pleading.
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A dismissal with prejudice for alleged misrepresentations or omissions in a prisoner's complaint or deposition testimony requires a clear record of willful misconduct and a showing that lesser sanctions are inadequate, which was not met here.
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The court held that dismissal of the case without prejudice is appropriate due to the plaintiff's repeated failure to comply with court orders and prosecute the action.
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The court recommended dismissal of the case without prejudice because the plaintiff failed to pay the filing fee or properly apply to proceed in forma pauperis.
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The court dismissed the case without prejudice for failure to prosecute and comply with a court order.
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The court recommended dismissal of the case without prejudice.
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The court recommended dismissal of the case because the plaintiff failed to prosecute and comply with court orders.
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The court granted the motion to dismiss because the plaintiff, a limited liability company, failed to obtain new counsel after its previous attorneys withdrew and despite being ordered to do so.
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The court held that the plaintiff's amended complaint failed to state a claim and was due to be dismissed without prejudice for failure to comply with court orders and for failing to state a claim upon which relief could be granted.
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The court recommended dismissal of the case because the plaintiff failed to comply with court orders and failed to prosecute the action.