Opinion
3:23cv8007/MCR/ZCB
08-04-2023
SEAN KRIS PERKINS, Petitioner, v. STATE OF FLORIDA, Respondent.
REPORT AND RECOMMENDATION
ZACHARY C. BOLITHO UNITED STATES MAGISTRATE JUDGE.
Petitioner is a pre-trial detainee proceeding pro se in this habeas corpus action. (Doc. 1). On May 5, 2023, the Court determined that Petitioner did not qualify to proceed in forma pauperis, and directed him to pay the $5.00 filing fee within thirty days. (Doc. 5). The Court notified Petitioner that his failure to pay the filing fee, or explain his inability to do so, may result in dismissal of this case. (Id. at 2).
Petitioner did not pay the filing fee within the time allowed. Therefore, on June 20, 2023, the Court ordered Petitioner to show cause, within thirty days, why the case should not be dismissed for his failure to comply with an order of the Court. (Doc. 6). The time for compliance with the show cause order has expired, and Petitioner has neither responded to the order nor paid the filing fee.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Petitioner's failure to comply with an order of the Court. See N.D. Fla. Loc. R. 41.1 (authorizing dismissal when “a party fails to comply with an applicable rule or court order”); see also Frith v. Curry, 812 Fed.Appx. 933, 935 (11th Cir. 2020) (affirming dismissal where the plaintiff failed to pay the partial filing fee and failed to respond to a magistrate judge's order to show cause as to why the filing fee had not been paid).
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.