Thomas Pepe v. Christopher Decosta
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION THOMAS PEPE, Plaintiff, Case No. 2:25-cv-590-KCD-NPM v. CHRISTOPHER DECOSTA, Defendant. / ORDER The Court entered two orders instructing Plaintiff to pay the filing fee or face dismissal. (Docs. 6, 26.) These deadlines passed without a filing fee.
Ignoring the Court’s orders is grounds for dismissal. “A plaintiff’s failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay.” M.D. Fla. R. 3.10. Similarly, the Court has the “inherent power” to dismiss a case for lack of prosecution under its authority to manage its docket. Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962).
Plaintiff was warned that failure to pay the filing fee would result in dismissal. (Doc. 26.) Accordingly, it is now ORDERED: 1. Plaintiff’s claims are dismissed without prejudice for failure to prosecute.
2. The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close the case.
ENTERED in Fort Myers, Florida on February 23, 2026.
Kyle C. Dudek United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.