BRUMETT v. SANTA ROSA COUNTY

Full title: CHRISTOPHER D. BRUMETT, Plaintiff, v. SANTA ROSA COUNTY, et al., Defendants

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Jan 31, 2008

Case No.: 3:07cv448/LAC/EMT (N.D. Fla. Jan. 31, 2008)

Opinion

Case No.: 3:07cv448/LAC/EMT.

January 31, 2008

REPORT AND RECOMMENDATION

ELIZABETH TIMOTHY, Magistrate Judge

This cause is before the court upon referral from the clerk. Plaintiff commenced this action by filing a civil rights complaint under 42 U.S.C. § 1983 (Doc. 1). Leave to proceed in forma pauperis has been granted (Doc. 7). On December 4, 2007, the court issued an order requiring Plaintiff to either submit an amended complaint or file a notice of voluntary dismissal within thirty (30) days (Doc. 9).

Plaintiff failed to respond to the order; therefore, on January 7, 2008, the court issued an order requiring Plaintiff to show cause, within twenty (20) days, why this action should not be dismissed for failure to comply with an order of the court (Doc. 11). The time for compliance with the show cause order has now elapsed with no response from Plaintiff.¹

1 Recently the court's correspondence to Plaintiff has been returned by the postal service as undeliverable, with no forwarding address provided ( see Docket Entries 8, 10, 12). Plaintiff has not notified the court of a change of address; indeed, Plaintiff has not filed anything with the court since mid-November 2007 ( see Doc. 6).

Accordingly, it is respectfully RECOMMENDED:

That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court.

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only . A copy of objections shall be served upon all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts , 858 F.2d 698, 701 (11th Cir. 1988).