Opinion
Case No.: 2:18-cv-358-FtM-38MRM
02-19-2020
ALISON TORRES, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.
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This matter is before the Court on sua sponte review of the file. On January 23, 2020, this Court directed Petitioner to file an amended petition on the Court's printed form. (Doc. 23). The Court provided Petitioner with a reasonable opportunity to respond to the Order and Petitioner was put on notice that the case would be dismissed if he failed to comply. As of the date on this Order, Petitioner has neither complied with the Court's Order, nor sought an enlargement of time to do so. Thus, the Court finds Petitioner has failed to prosecute this case and that the case is due to be dismissed without prejudice under M.D. Fla. Rule 3.10(a).
Because the Court is dismissing this action without prejudice, Petitioner may file a new petition if he wishes to pursue his claim. However, Petitioner is cautioned that the statute of limitations on filing a petition for habeas corpus as set forth in 28 U.S.C. § 2244(d)(1) is not stayed and will continue to run while he has no pending case.
Accordingly, it is now
ORDERED:
1. Petitioner Alison Torres case (Doc. 1) is DISMISSED without prejudice.
2. The Clerk of Court shall enter judgment accordingly, terminate any pending motions as moot, and close the file.
DONE and ORDERED in Fort Myers, Florida this 19th day of February 2020.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE SA: FTMP-2
Copies: All Parties of Record