Opinion
4:21cv161/MW/EMT
07-20-2021
CALVIN ANDERSON, Petitioner, v. WALT MCNEIL, et al., Respondents.
REPORT AND RECOMMENDATION
ELIZABETH M. TIMOTHY CHIEF UNITED STATES MAGISTRATE JUDGE
Petitioner commenced this case by filing a petition for writ of habeas corpus (ECF No. 1). On April 23, 2021, the court issued an order directing Petitioner to file an amended petition on the court-approved form and either pay the filing fee or file a motion to proceed in forma pauperis (ECF No. 3). The court set a thirty-day deadline for Petitioner to comply with the order of April 23 (see id.).
Petitioner did not comply with the court's order by the deadline; therefore, on June 15, 2021, the court issued an order directing Petitioner to show cause, within thirty days, why this case should not be dismissed for Petitioner's failure to comply with an order of the court (ECF No. 4). The thirty-day deadline has now passed, and Petitioner has not responded to the show cause order.
Accordingly, it is respectfully RECOMMENDED that the petition for writ of habeas corpus (ECF No. 1) be DISMISSED without prejudice for Petitioner's failure to comply with an order of the court.
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.