BURNS v. KOLB

Full title: LARRY BURNS, JR., Plaintiff, v. EVA KOLB, et al., Defendants

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

Date published: Sep 12, 2008

Case No. 3:07cv420/LAC/EMT (N.D. Fla. Sep. 12, 2008)

Opinion

Case No. 3:07cv420/LAC/EMT.

September 12, 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). Plaintiff subsequently filed an amended complaint (Doc. 7). On July 17, 2008, this court entered an order giving Plaintiff thirty (30) days in which to file a second amended complaint (Doc. 8). Plaintiff failed to respond to the order; therefore, on August 22, 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. 9). The time for compliance with the show cause order has now elapsed and Plaintiff has not filed a second amended complaint.

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).