Daniel Adams v. Brenda Forman
Daniel Adams v. Brenda Forman
Opinion
USCA11 Case: 24-12054 Document: 43-1 Date Filed: 09/26/2025 Page: 1 of 3
NOT FOR PUBLICATION
In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-12054 Non-Argument Calendar ____________________ DANIEL THOMAS ADAMS, Plaintiff-Appellant, versus BRENDA D. FORMAN, OFFICE OF THE CLERK OF COURT, Broward County, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:24-cv-60518-KMW ____________________ Before JILL PRYOR, BRASHER, and ANDERSON, Circuit Judges.
PER CURIAM: USCA11 Case: 24-12054 Document: 43-1 Date Filed: 09/26/2025 Page: 2 of 3
2 Opinion of the Court 24-12054 Daniel Adams, proceeding pro se, appeals the district court’s dismissal of his complaint brought under 42 U.S.C. § 1983 and Flor- ida state law. The district court dismissed his complaint pursuant to Federal Rule of Civil Procedure 41(b) for failure to pay an initial partial filing fee by a court-imposed deadline.
We review a dismissal under Rule 41(b) of the Federal Rules of Civil Procedure for abuse of discretion. Gratton v. Great Am.
Commc’ns, 178 F.3d 1373, 1374 (11th Cir. 1999).
Rule 41(b) of the Federal Rules of Civil Procedure states that, “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.” Fed. R. Civ. P. 41(b). Inherent in a district court’s authority to enforce its own orders and promptly dispose of the cases on its docket is the court’s power to dismiss a plaintiff’s complaint. McNair v. Johnson, 143 F.4th 1301, 1306 (11th Cir. 2025).
A court may dismiss claims under Rule 41(b) with or without prej- udice. See Fed. R. Civ. Pro. 41(b).
When a district court orders dismissal on more than one in- dependent ground, a party who appeals that order must demon- strate that “every stated ground for judgment against [him] is in- correct.” Buckley v. Sec’y of Army, 97 F.4th 784, 800 (11th Cir. 2024).
If a party does not challenge one or more bases for the district court’s ruling, he has abandoned his appeal of that ruling. Id. A party “abandons a claim when he either makes only passing refer- ences to it or raises it in a perfunctory manner without supporting USCA11 Case: 24-12054 Document: 43-1 Date Filed: 09/26/2025 Page: 3 of 3
24-12054 Opinion of the Court 3 arguments and authority.” Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681 (11th Cir. 2014).
Upon careful review of the district court’s order and upon consideration of the parties’ briefs, we note that Adams has made only a passing reference to the district court’s dismissal of his case for his failure to pay the filing fee. Therefore, he has abandoned the issue on appeal. Because Adams has failed to challenge all the district court’s bases for dismissing his case, he cannot demonstrate that dismissal was improper.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.