green
Positive treatment
Hot · 659 in 5y
Doctrinal family (anchor): David M. Brown v. Tallahassee Po… ↗
Quoted verbatim 133×
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G Cite
cited 97× by 97 distinct cases, 2019–2026 · 2 courts ·
…the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
at p. 802
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cited 16× by 16 distinct cases, 2024–2026 ·
…the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
at p. 802
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cited 7× by 7 distinct cases, 2023–2026 ·
…the court may dismiss an action sua sponte under rule 41(b) for .... failure to obey a court order.
at p. 802
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Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Hughlund Smith v. Secretary of the Florida Department of Corrections
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Willie James Atmore v. Judge David L. Mincey, III., et al.
the court may dismiss an action sua sponte under rule 41(b) for .... failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Jearmal Swain v. Sheriff Keith Brooks, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Kyle Perry v. Warden Gregory Sampson, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Brian K. Roberts v. Angela Phams, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Willie F. Wright, Jr. and Tiffani A. Blash v. Allstate Vehicle and Property Insurance Company
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Jarvis Josephus Canty v. Sheriff David Davis, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Willie James Atmore v. Bibb County Law Enforcement Center, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
DESIREE KNIGHT v. BIBB COUNTY SCHOOL DISTRICT
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Willie James Atmore v. Dr. Mohomed, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Charles Lamar Mention v. CoII Xander Spradlin, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Rashun Johnson v. Sheriff Matthew Moulton
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Raheeam Partridge v. Georgia Department of Corrections, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Brenda W. Hickey v. State Farm Fire and Casualty Company
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Adreal Chloe Scott v. The State Board of Technical College of Georgia d/b/a Southern Crescent Technical College
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Daniel Newman v. QSR Southern Group, LLC
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Daniel Newman v. Wyndham Hotels and Resort
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Byron Donnelle Clay v. Ms. Gamble, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Tavis Barrow v. Walton County, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Jearmal Swain v. Walton County Jail, et al.
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Eric Antonio Fant v. Christopher Powell, et al.
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Steven Michael Aitken v. R. Quinn, et al.
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Richard Daniel Vaughn v. D.S. Waldeck, et al.
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
WILLIAMS v. STATE OF FLORIDA
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
SMITH v. THOMAS COUNTY
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
BANDA-LOPEZ v. DOE
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
BECK v. BLACKSHEAR
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
HUDSON v. WALTON COUNTY JAIL
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
MARKEL SERVICE INCORPORATED AS SUBROGEE OF HOUSTON HEALTHCARE SYSTEM INC v. United States
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
BAKER v. SHEWMAKER
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
LANDERS v. COUNTRYMAN
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
FLORAN v. IRWIN COUNTY DETENTION CENTER
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
FOUNTAIN v. MCKENZIE
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
Olascoaga v. T-Shirt Station Stores, LLC
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
STIRN v. CASTRO
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
TOBIN v. DIXON
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
CLARK v. BRISTOW
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
TOBIN v. FLOWERS
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
GRIFFIN v. FREEMAN
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
TAYLOR v. PENNYCUFF
the court may dismiss an action sua sponte under rule 41(b) for ... failure to obey a court order.
discussed
Cited as authority (verbatim quote)
SHENETT v. PHAM
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
MCNEAL v. ESCAMBIA COUNTY JAIL
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
ROBERSON v. MANCHESTER AT WESLEYAN
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
BAKER v. OKALOOSA COUNTY DOC
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
JACKSON v. MOORE
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
TAYLOR v. GOMEZ
the court may dismiss an action sua sponte under rule 41(b) for ... failure to obey a court order.
discussed
Cited as authority (verbatim quote)
SULLIVAN v. SMITH
the court may dismiss an action sua sponte under for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
CARLAN v. BIBB COUNTY SHERIFF'S OFFICE
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
CRANE v. GLEATON
the court may dismiss an action sua sponte under rule 41(b) for failure to prosecute or failure to obey a court order.
discussed
Cited as authority (verbatim quote)
GOODEN v. PHAMS
the court may dismiss an action sua sponte under rule 41(b) for . . . failure to obey a court order.
Retrieving the full opinion text from the archive…
David M. BROWN, Plaintiff-Appellant,
v.
TALLAHASSEE POLICE DEPARTMENT, Officer 1, Headquarters Tallahassee FL, Officer 2, Headquarters Tallahassee FL, Officer 3, Headquarters Tallahassee FL, Officer 4, Headquarters Tallahassee FL, Et Al., Defendants-Appellees
v.
TALLAHASSEE POLICE DEPARTMENT, Officer 1, Headquarters Tallahassee FL, Officer 2, Headquarters Tallahassee FL, Officer 3, Headquarters Tallahassee FL, Officer 4, Headquarters Tallahassee FL, Et Al., Defendants-Appellees
06-13131.
Court of Appeals for the Eleventh Circuit.
Nov 15, 2006.
205 F. App'x 802
David M. Brown, Tallahassee, FL, pro se.
Dubina, Carnes, Barkett.
Cited by 725 opinions | Unpublished
PER CURIAM:
David Brown, a pro se non-prisoner, appeals the dismissal without prejudice of his 42 U.S.C. § 1983 civil complaint for failing to file an amended complaint as ordered, name individual defendants, state specific claims for relief, and set forth factual allegations in separate, numbered paragraphs. On appeal, Brown argues that the district court erred in dismissing his complaint and denied him “due and substantial process” because of his status as a pro se litigant proceeding informa pauperis.
“Pro se pleadings' are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.1998) (citation omitted). The district court’s “power to dismiss is an inherent aspect of its authority to enforce its orders and ensure prompt disposition of lawsuits.” Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir.1983) (citation omitted). The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey a court order. Fed. R.Civ.P. 41(b); Lopez v. Aransas County Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir.1978). When a dismissal is without prejudice and plaintiff elects not to amend, for the purposes of appeal the order is a Fed.R.Civ.P. 41(b) adjudication on the merits. Robinson v. Fed. Nat’l Mortgage Ass’n, 673 F.2d 1247, 1249 (11th Cir.1982). We review a Rule 41(b) dismissal without prejudice for abuse of discretion. Gratton v. Great Am. Communs., 178 F.3d 1373, 1374 (11th Cir.1999). Dismissal pursuant to Rule 41(b) “upon disregard of an order, especially where the litigant has been forewarned, generally is not an abuse of discretion.” Moon v. Newsome, 863 F.2d 835, 837 (11th Cir.1989).
Upon review of the record and upon consideration of Brown’s brief, we discern no reversible error. In this case, Brown was informed that failure to comply with the court’s order could result in dismissal. The record indicates that Brown was given two opportunities to amend his complaint according to the court’s specific instructions, and that he failed to do so. Brown failed to name individual defendants and failed to articulate specific claims against those defendants. Brown also failed to present his factual allegations in separate, numbered paragraphs and included numerous statements unrelated to the incident underlying his cause of action. Accordingly, because the dis[*803] trict court dismissed Brown’s complaint without prejudice, the district court did not abuse its discretion. Brown’s remaining arguments are without merit.
AFFIRMED.