Ross v. Corrections Health Services-Jackson Health Services
Ross v. Corrections Health Services-Jackson Health Services
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-20627-CIV-ALTMAN
OMAR J. ROSS, SR.,
Plaintiff,
v.
CORRECTION HEALTH SERVICES- JACKSON HEALTH SERVICES, et al.,
Defendants. __________________________________/
ORDER
After screening the Plaintiff’s § 1983 civil rights complaint under 28 U.S.C. § 1915A, we concluded that “the Complaint fail[ed] to state a viable claim against any of [the] Defendants”—and so, we dismissed Ross’s complaint without prejudice. Order to Amend [ECF No. 4] at 1. In accordance with binding Eleventh Circuit precedent, we granted Ross “leave to file an amended complaint” so that he could address “the defects [we] identified in [the Order to Amend.]” Id. at 9 (citing Woldeab v. DeKalb Cnty. Bd. of Educ.,
885 F.3d 1289, 1291(11th Cir. 2018)). We also warned Ross that, if he didn’t file an amended complaint by April 7, 2023, we’d “dismiss the entire case for failing to prosecute or for failure to comply with court orders.”
Id.at 11 (citing FED. R. CIV. P. 41(b)). That April 7, 2023, deadline has come and gone, and Ross has failed to file an amended complaint. See generally Docket. Ross has thus ignored this Court’s orders and failed to prosecute his own case. As a result, the only appropriate sanction now is dismissal. See Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc.,
556 F.3d 1232, 1240(11th Cir. 2009) (“The Court may dismiss a claim if the plaintiff fails to prosecute it or comply with a court order.” (citing FED. R. CIV. P. 41(b))). Accordingly, we hereby ORDER AND ADJUDGE that this case is DISMISSED without prejudice for failure to prosecute and for failure to comply with this Court’s orders. See FED. R. CIV. P. 41(b). This Clerk shall CLOSE the case. DONE AND ORDERED in the Southern District of Florida on April 26, 2023.
ROY K. ALTMAN UNITED STATES DISTRICT JUDGE CC: Omar J. Ross, pro se
Reference
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