Maxwell v. Spectrum Health Systems
Maxwell v. Spectrum Health Systems
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION RHONDA MAXWELL, ) ) Plaintiff, ) ) v. ) CV424-046 ) SPECTRUM HEALTH ) SERVICES, et al. ) ) Defendants. ) REPORT AND RECOMMENDATION Pro se plaintiff Rhonda Maxwell filed a Complaint alleging that her employer failed to accommodate her disability. See doc. 1 at 4-5. The Court denied her request to proceed in forma pauperis, doc. 9, and she paid the required filing fee, see docket entry dated May 2, 2024. She did not request a summons when she paid the filing fee, so the Court directed her to provide information about her plans to effect service. See generally doc. 11. She then requested, and the Clerk issued, as summons directed to Defendant Spectrum Health Services. See doc. 12. When no defendant had appeared after the deadline for service ran, the Court directed her to respond and show cause for her apparent failure to timely serve. See generally doc. 13. The deadline for her to respond to that Order has passed and she has not responded. See generally docket.
This Court has the authority to prune cases from its docket where parties have failed to comply with its orders or to prosecute their cases. See Fed. R. Civ. P. 41(b); 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). The Local Rules permit the Court, sua sponte, to “dismiss any
action for want of prosecution” where there has been “[w]illful disobedience or neglect of any order of the Court.” S.D. Ga. L. Civ. R. 41.1(b). Plaintiff failed to comply with the Court’s prior Order. See doc.
13 at 2. Accordingly, her case should be DISMISSED 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.” 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 28rd day of April, 2025. ( erghe~d (ies CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA
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