UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION

JOSHUA LEE TOLBERT, ) ) Plaintiff, ) ) v. ) CASE NO. 3:21-CV-825-WHA-SMD ) SGT. WEATHERLY, et al., ) ) Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Pro se Plaintiff Joshua Tolbert filed this

action on December 17, 2021. Defendants have since filed an Answer, Written Report, and supporting evidentiary materials denying Plaintiff’s allegations. Docs. 26, 27. On August 31, 2022, the Court instructed Plaintiff to file a response to Defendants’ materials by September 21, 2022. Doc. 29. The Court cautioned Plaintiff that his failure to file a response would result in a recommendation this case be dismissed for failure to prosecute.

To date, Plaintiff has not filed a response to Defendants’ materials or otherwise complied with the Court’s August 31, 2022, Order. The authority to impose sanctions for failure to prosecute or obey an order is longstanding and acknowledged by Rule 41(b) of the Federal Rules of Civil Procedure. See Link v. Wabash R.R. Co.,

, 629–30 (1962). This authority empowers the courts “to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.”

at 630–31; Mingo v. Sugar Cane Growers Co-Op of Fla.,

, 102 (11th Cir. 1989) (holding that “[t]he district court possesses the inherent power to police its docket.”). “The sanctions imposed [upon dilatory litigants] can range from a simple

reprimand to an order dismissing the action with or without prejudice.” Id. Based on the foregoing, the undersigned Magistrate Judge RECOMMENDS that this case be DISMISSED without prejudice. See Moon v. Newsome,

(11th Cir. 1989) (explaining that as a general rule, where a litigant has been forewarned, dismissal for failure to obey a court order is not an abuse of discretion.). Accordingly, the undersigned Magistrate Judge RECOMMENDS this case be

DISMISSED without prejudice. It is ORDERED that by November 28, 2022, the parties may file objections to this Recommendation. The parties must specifically identify the factual findings and legal conclusions in the Recommendation to which objection is made. Frivolous, conclusive or general objections will not be considered by the Court. This Recommendation is not a final

order and, therefore, it is not appealable. Failure to file written objections to the proposed findings and recommendations in accordance with

(b)(1) will bar a party from a de novo determination by the District Court of legal and factual issues covered in the Recommendation and waive the right of the party to challenge on appeal the District Court’s order based on unobjected-

to factual and legal conclusions accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright,

(5th Cir. 1982); 11TH Cir. R. 3–1. See Stein v. Reynolds Sec., Inc.,

(11th Cir. 1982); see also Bonner v. City of Prichard,

(11th Cir. 1981) (en banc). DONE this 10th day of November, 2022.

/s/ Stephen M. Doyle STEPHEN M. DOYLE CHIEF UNITED STATES MAGISTRATE JUDGE