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

QUINCY TYRONE HILL, ) ) Plaintiff, ) ) v. ) CASE NO. 3:24-CV-216-RAH-KFP ) NONA ADAMS BROWN, et al., ) ) Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

Plaintiff, proceeding pro se, filed this case on April 5, 2024. He submitted a Motion for Leave to Proceed in Forma Pauperis (Doc. 2) but did not include the required documentation from his facility’s inmate account clerk. The Court ordered him to file the required documentation by May 3, 2024, and warned that a failure to comply would result in a recommendation of dismissal. Doc. 4. To date, Plaintiff has failed to comply. Because of Plaintiff’s failure to comply with the Court’s order, the undersigned concludes this case should be dismissed without prejudice. Moon v. Newsome,

(11th Cir. 1989) (stating that dismissal for failure to obey a court order is generally not an abuse of discretion where litigant has been forewarned). 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.” Mingo, 864 F.2d

at 102. For the above reasons, the undersigned Magistrate Judge RECOMMENDS that this case be DISMISSED without prejudice. Further, it is ORDERED that by July 16, 2024, 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. This Recommendation is not a final order and, therefore, 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. 11th Cir. R. 3–1. DONE this 2nd day of July, 2024.

/s/ Kelly Fitzgerald Pate KELLY FITZGERALD PATE UNITED STATES MAGISTRATE JUDGE