Opinion
CV422-100
06-15-2022
GORDON D'ANDRE COHNS, Plaintiff, v. JOHN T. WILCHER, and SHALENA COOK JONES, Defendants.
REPORT AND RECOMMENDATION
CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE
Pro se plaintiff Gordon D'Andre Cohns filed this 42 U.S.C. § 1983 case alleging improper delays in what appears to be a state-court criminal or habeas proceeding. See doc. 1 at 5. He requests that this Court “physically follow up with the lower court,” though the specific relief he seeks is not entirely clear. Id. at 6. When Cohns filed this case he neither paid the filing fee nor moved to proceed in forma pauperis. See doc. 3. The Clerk notified him of his failure and directed him to respond within twenty-one days. Id. The deadline set by the Clerk's deficiency notice has passed, and Cohns has not responded. See generally docket.
This Court has the authority to prune cases from its dockets where parties have failed to prosecute their cases. See Fed.R.Civ.P. 41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States, CV491-277 (S.D. Ga. June 10, 1992). Cohns' case should thus be DISMISSED without prejudice for failing to prosecute his case.
This Report and Recommendation (R&R) is submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court's Local Rule 72.3. Within 14 days of service, any party may file written objections to this R&R with the Court and serve a copy on all parties. The document should be captioned “Objections to Magistrate Judge's Report and Recommendations.” Any request for additional time to file objections should be filed with the Clerk for consideration by the assigned district judge.
After the objections period has ended, the Clerk shall submit this R&R together with any objections to the assigned district judge. The district judge will review the magistrate judge's findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to timely file objections will result in the waiver of rights on appeal. 11th Cir. R. 3-1; see Symonette v. V.A. Leasing Corp., 648 Fed.Appx. 787, 790 (11th Cir. 2016); Mitchell v. United States, 612 Fed.Appx. 542, 545 (11th Cir. 2015).
SO REPORTED AND RECOMMENDED