Opinion
Case No: 6:17-cv-797-Orl-40DCI
05-23-2017
ZAID ALI, Plaintiff, v. WELLS FARGO BANK, N.A., VAN NESS LAW FIRM, PLC and LENDINGHOME FUNDING CORP., Defendants.
REPORT AND RECOMMENDATION
On May 4, 2017, Plaintiff filed this action, and an application to proceed in this Court without prepaying fees or costs. Docs. 1; 3. The undersigned reviewed the application, which was construed as a motion to proceed in forma pauperis (the Motion). Doc. 6. The Motion, a short form Plaintiff obtained from the Court, was missing information about his pay/wages and the amount of money he had in his checking and savings accounts. See Doc. 3.
On May 8, 2017, the undersigned entered an order finding that the foregoing omissions prevented the Court from meaningfully reviewing the Motion, and determining whether Plaintiff is a pauper. Doc. 6. Thus, the undersigned denied the Motion, and directed Plaintiff to either pay the full filing fee or file a long in forma pauperis application on or before May 22, 2017. Id. at 2. The undersigned admonished Plaintiff that "[f]ailure to file the long in forma pauperis application with the Court or pay the full filing fee within the time provided will result in the case being dismissed." Id.
The undersigned informed Plaintiff where he could find the long in forma pauperis application. Doc. 6 at 2 n.1. --------
Plaintiff has not paid the full filing fee or filed a renewed motion to proceed in forma pauperis, and the time to do so has passed. The undersigned admonished Plaintiff that the case would be dismissed if he failed to pay the full filing fee or file a renewed motion to proceed in forma pauperis on or before May 22, 2017. Doc. 6 at 2. Plaintiff has failed to take any further action in this case, and, thus, it is recommended that the case be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
Accordingly, it is RECOMMENDED that:
1. The case be DISMISSED without prejudice; and
2. The Clerk be directed to close the case.
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
Recommended in Orlando, Florida on May 23, 2017.
/s/_________
DANIEL C. IRICK
UNITES STATES MAGISTRATE JUDGE Copies furnished to: Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy