King v. Hebson ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION RONALD ODELL KING, ) ) Plaintiff, ) ) v. ) Case No. 5:22-cv-1109-LCB-NAD ) JESSICA JONES HEBSON, et al., ) ) Defendants. ) ORDER Ronald Odell King, a prisoner at the Limestone Correctional Facility, brings this suit under 42 U.S.C. § 1983. (Doc. 1 at 1). In October 2022, United States Magistrate Judge Nicholas A. Danella ordered King to file either an amended complaint stating a plausible claim for relief under § 1983 or a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 3 at 4–5). Judge Danella caution King that failure to comply—by November 3, 2022—might result in the Court dismissing this case for lack of prosecution under Federal Rule of Civil Procedure 41(b). Id. at 5. To date, King has neither amended his complaint nor filed a habeas petition. Judge Danella now recommends that the Court dismiss this case under Rule 41(b). (Doc. 4 at 2).1 Federal district courts have inherent authority to manage 1 King has filed no objection to the recommendation. His time for filing objections expired on December 30, 2022. (Doc. 4 at 2). their dockets “‘so as to achieve the orderly and expeditious disposition of cases.” Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962). Under Rule 41(b), a court may dismiss a case if the plaintiff fails to prosecute his claims or comply with a court order. Equity Lifestyle Properties, Inc. v. Fla. Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir. 2009). Here, contrary to Judge Danella’s order, King has neither amended his complaint nor filed a habeas petition. The Court thus finds that dismissal of this case is proper under Rule 41(b). * * * For these reasons, the Court ADOPTS Judge Danella’s recommendation (Doc. 4), DENIES King’s motion for leave to proceed in forma pauperis (Doc. 2) as moot, and DISMISSES this case without prejudice under Rule 41(b). The Clerk of Court shall close this case. DONE and ORDERED January 6, 2023. SFB Sha LILES C. BURKE UNITED STATES DISTRICT JUDGE