Opinion
Case No.: 3:20cv5233/LAC/EMT
03-09-2021
RANDY A. HART, Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS, Defendant.
REPORT AND RECOMMENDATION
Plaintiff commenced this action by filing a civil rights complaint under 42 U.S.C. § 1983 (ECF No. 1). On July 31, 2020, the court entered an order directing Plaintiff to file an amended civil rights complaint within thirty days (ECF No. 10). The court notified Plaintiff that his failure to comply with an order of the court would result in a recommendation of dismissal of this case (see id.). At Plaintiff's request, the court extended the compliance deadline to November 25, 2020 (see ECF Nos. 11, 12, 17, 18).
Plaintiff did not file an amended complaint by the extended deadline; therefore, on December 11, 2020, the court issued an order directing Plaintiff to show cause, within thirty days, why this case should not be dismissed for his failure to comply with an order of the court (see ECF No. 19). The deadline for compliance with the show cause order has passed, and Plaintiff has not responded.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court.
At Pensacola, Florida, this 9th day of March 2021.
/s/ Elizabeth M . Timothy
ELIZABETH M. TIMOTHY
CHIEF UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court's internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge's findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.