Widner v. United States Department of Homeland Security, Bureau of Immigration and Custom Enforcement (ICE)
Widner v. United States Department of Homeland Security, Bureau of Immigration and Custom Enforcement (ICE)
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
GABRIEL WIDNER, ) ) Plaintiff, ) ) v. ) CV420-270 ) UNITED STATES DEPARTMENT ) OF HOMELAND SECURITY, ) BUREAU OF IMMIGRATION AND ) CUSTOMS ENFORCEMENT, ) ) Defendant. )
REPORT AND RECOMMENDATION The Court previously directed pro se plaintiff to file an amended complaint because it could not confirm that it had jurisdiction over plaintiff’s complaint. See doc. 9. He has not responded to that Order. See generally docket. This Court has the authority to prune cases from its dockets where parties have failed to comply with its Orders. See S.D. Ga. L.R. 41.1(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) (“The district court possesses the inherent power to police its docket.”); Jones v. Graham,
709 F.2d 1457, 1458(11th Cir. 1983); Floyd v. United States, CV491-277 (S.D. Ga. June 10, 1992). Accordingly, this case should be dismissed for plaintiff’s failure to comply
with the Court’s Order and failure to prosecute this action. 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 F. App’x 787, 790(11th Cir. 2016); Mitchell v. United States,
612 F. App’x 542, 545(11th Cir. 2015). SO REPORTED AND RECOMMENDED, this 26th day of October, 2021.
CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
Reference
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