Long v. Beasley
Long v. Beasley
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION
TIMOTHY LONG, ) ) Plaintiff, ) ) v. ) CV623-038 ) WARDEN JACOB ) BEASLEY, et al., ) ) Defendants. )
REPORT AND RECOMMENDATION Pro se plaintiff Timothy Long filed this case complaining that he was subjected to unconstitutional conditions of confinement at Smith State Prison. See generally doc. 1; see also doc. 25. The Court screened his Complaint, determined that it was an impermissible “shotgun pleading,” and directed him to amend it. See doc. 25 at 6-10. The deadline for him to submit that amendment has passed and he has not complied. See generally docket. The Court expressly warned him that failure to timely submit that amendment could result in dismissal. See doc. 25 at 10. This Court has the authority to prune cases from its docket 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). Long’s failure to comply with the Court’s Order provides a sufficient reason to dismiss his
Complaint. Accordingly, Long’s Complaint should be DISMISSED. See, e.g., Fed. R. Civ. P. 41(b). 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 3rd day of October, 2024. Letplend li CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
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