Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-06-23

Docket: 2:24-cv-14317-DMM

The eleventh-circuit affirmed the district court’s dismissal without prejudice of Theodore Griffin’s § 1983 action for failure to comply with a court order. The court held that it had jurisdiction because the notice of appeal was timely filed under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv), as it was submitted within thirty days of the district court’s disposition of Griffin’s last timely motion to alter or amend the judgment. On the merits, the court applied an abuse of discretion standard and found no error in the district court’s factual determination that Griffin received the order he failed to follow. Relying on a rebuttable presumption that mail is received when properly mailed, the court noted the clerk mailed the order four days before Griffin transferred facilities and that no mail was returned as undeliverable; Griffin’s unsupported claim of non-receipt failed to rebut this presumption. Furthermore, the court ruled that the district court did not abuse its discretion by failing to evaluate lesser sanctions or make a finding of willfulness, as those procedural requirements generally apply only to dismissals with prejudice, whereas Griffin’s case was dismissed without prejudice. The practical consequence is that the dismissal remains in effect, though because it was without prejudice, Griffin may potentially refile his claims if he can do so within the applicable statute of limitations and comply with all future court orders.

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