United States District Court, S.D. Alabama, Southern Division
REPORT AND RECOMMENDATION
W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE.
Michael Edward Traver, who is proceeding pro se,
filed a self-styled Complaint along with a Motion to Proceed
Without Prepayment of Fees (“Motion”). (Doc. 2).
Plaintiff's Motion has been referred to the undersigned
for appropriate action pursuant to 28 U.S.C. §
636(b)(1)(B) and S.D. Ala. GenLR 72(a)(2)(S). After reviewing
Plaintiff's Motion and action, it is recommended that this
action be dismissed without prejudice, prior to service of
process, for failure to prosecute and to obey the Court's
brief, one-page Complaint identifies only the Federal Bureau
of Investigation (“FBI”) as a Defendant. (Doc.
1). Plaintiff titled his Complaint - “Civil Lawsuit
claiming failure to comply with federal law obstruction
tampering and falsifying federal document to conceal
information and federal corruption.” (Id.).
According to Plaintiff's allegations, he informed the FBI
of the actions of doctors and nurses at Mobile Infirmary and
of having been sexually assaulted there; an FBI agent
reported Plaintiff to his probation officer; he was called a
sexual deviant, predator, and child molester because he had
pornography on his cell phone; and the FBI told him file a
civil rights lawsuit because it would not “file”
on its own people. (Id.). For relief, Plaintiff
seeks $75 million, a national apology, and justice for his
pain and suffering and personal damage. (Id.).
Complaint does not contain Plaintiff's personal signature
and physical address. (Id.). Rather, it reflects a
typewritten signature with a typewritten email address.
(Id.). However, Plaintiff's Motion does contain
his personal signature, along with the same email address.
(Doc. 2 at 1, 4). His Complaint and Motion do not contain a
physical address and telephone number. And, in his Motion, he
states that he is homeless. (Id. at 1).
docket sheet, after the entries for the Complaint and Motion,
the Clerk's Office noted on January 19, 2018, that
Plaintiff did not have an address or telephone number and did
not sign the consent to receive email notices. The Clerk sent
two emails to Plaintiff to come in and sign the consent form,
which has not been done. Moreover, the docket sheet shows
that Plaintiff has taken no action since filing the Complaint
and Motion on January 18, 2018.
examining the Court's docket, the undersigned discovered
that on February 6, 2018, a criminal action was instituted
against Plaintiff for assault, U.S. v. Traver, CR
No. 18-00028-CG-B (S.D. Ala. pending). In this criminal
action, Plaintiff was transferred, pursuant to the Court
order entered on February 23, 2018 (Doc. 18), to a facility
for psychological or psychiatric evaluation. (Doc. 18, at
2-3). Subsequently, the Court received the ordered Forensic
Mental Health Evaluation of Plaintiff (Doc. 20), and
scheduled a competency hearing for Plaintiff on Monday, July
16, 2018, at the United States Courthouse, Mobile, Alabama,
inasmuch as Plaintiff is now housed at the Escambia County
Jail. (Doc. 21).
Court's Local Rules governing persons proceeding without
counsel require that “[a]ny person proceeding pro
se must, . . ., keep the Clerk informed of his . . .
current address and telephone number. A pro se party
must promptly notify the Clerk of any change of address or
telephone number. Failure to comply with this Rule may result
in sanction, including dismissal of a pro se
plaintiff's action[.]” S.D. Ala. GenLR 83.5(b).
This Rule also provides that a pro se litigant is
bound by the Court's Local Rules and the Federal Rules of
Civil and Criminal Procedure. S.D. Ala. GenLR 83.5(a);
see Moon v. Newsome, 863 F.2d 835, 837 (11th Cir.
1989) (“once a pro se IFP litigant is in
court, he is subject to the relevant law and rules of court,
including the Federal Rules of Civil Procedure”).
Furthermore, a pro se litigant is required to
personally sign each document filed and to include, beneath
the signature, his name, address, and telephone number. S.D.
Ala. GenLR 5(a)(4).
plaintiff's objective is to proceed with litigation
against a defendant by filing a complaint, it is fundamental
that the plaintiff provide the Court with his contact
information, so the Court and the defendant can contact him
and send documents to him. Plaintiff has not done this in the
present action and has not responded to the emails sent by
the Clerk's Office to sign a consent form.
have the inherent power to manage their own affairs in order
“to achieve the orderly and expeditious disposition of
cases.” Link v. Wabash R.R., 370 U.S. 626,
631, 82 S.Ct. 1386, 1389, 8 L.Ed.2d 734 (1962) (a court's
inherent authority to dismiss an action sua sponte
is not constrained by the Federal Rules of Civil Procedure).
In considering the choice of sanctions available to the Court
in the present action, the Court concludes that its choices
are limited by Plaintiff's unwillingness to be in contact
with the Court either by emailing or writing. However, if the
Court did not take action, it would be permitting this action
to languish on its docket until Plaintiff contacted the Court
and complied with the directive of the Clerk's Office to
sign the consent form. Therefore, the undersigned finds that
an appropriate sanction for failure to comply with Local Rule
83.5(b) is the dismissal without prejudice of this action.
S.D. Ala. GenLR 83.5(b) (providing for the dismissal of a
pro se plaintiff's action for failure to provide
the Court with a current address or telephone number and any
changes in them); see Lucy v. Walter Mortg. Co., CA
No. 09-0167-KD-M, 2009 WL 3336685, at *3 (S.D. Ala. Oct. 14,
2009) (unpublished) (dismissing a pro se
plaintiff's complaint for failure to keep the Court
informed of his current address); United States v.
Langford, 2010 WL 2595007, at *1 (S.D. Ala. June 24,
2010) (unpublished) (same).
as Plaintiff appears to be in a situation where he can
receive regular mail and correspond with the Court by regular
mail, the undersigned recommends that this action be
dismissed without prejudice for failure to prosecute and to
obey the Court's Local Rules. The Clerk is directed to
send Plaintiff's copy of the Report and Recommendation to
him at the Escambia County Jail, 113 Court Street, Brewton,
Alabama 36401. See United States v. Traver, CR No.
18-00028-CG-B, Doc. 21.
OF RIGHT TO FILE OBJECTIONS
of this Report and Recommendation shall be served on all
parties in the manner provided by law. Any party who objects
to this recommendation or anything in it must, within
fourteen (14) days of the date of service of this document,
file specific written objections with the Clerk of this
Court. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P.
72(b); S.D. Ala. Gen.LR 72(c). The parties should note that
under Eleventh Circuit Rule 3-1, “[a] party failing to
object to a magistrate judge's findings or
recommendations contained in a Report and Recommendation in
accordance with the provisions of 28 U.S.C. § 636(b)(1)
waives the right to challenge on appeal the district
court's order based on unobjected-to factual and legal
conclusions if the party was informed of the time period for
objecting and the consequences on appeal for failing to
object. In the absence of a proper objection, however, the
court may review on appeal for plain error if necessary in
the interests of justice.” 11th Cir. R. 3-1. In order
to be specific, an objection must identify the specific
finding or recommendation to which objection is made, state
the basis for the objection, and specify the place in the
Magistrate Judge's Report and Recommendation where the
disputed determination is found. An objection that merely
incorporates by reference or refers to the briefing before
the Magistrate Judge is not specific.