Opinion
5:21-cv-202-TKW-MJF
01-05-2022
ANDREW BUTLER, III, Plaintiff, v. STEVEN F. COOK, et al., Defendants.
REPORT AND RECOMMENDATION
Michael J. Frank United States Magistrate Judge
This prisoner civil rights case, filed by Plaintiff Andrew Butler under 42 U.S.C. § 1983, is before the court upon referral from the clerk of the court. The undersigned recommends that this case be dismissed for Plaintiff's failure to comply with orders of this court.
The District Court referred this case to the undersigned to address preliminary matters and to make recommendations regarding dispositive matters. See N.D. Fla. Loc. R. 72.2(C); see also 28 U.S.C. § 636(b)(1)(B), (C); Fed.R.Civ.P. 72(b).
Butler initiated this action on October 4, 2021, by filling a pro se civil rights complaint purportedly on behalf of himself and Kelly Ann Swaby. Doc. 1. The complaint did not contain Ms. Swaby's signature, and it was not accompanied by the $402.00 filing fee or an application for leave to proceed in forma pauperis.
On October 15, 2021, the undersigned ordered Butler to file the following by November 15, 2021: (1) an amended civil rights complaint on the court-approved form that removed Ms. Swaby as a co-Plaintiff and that was limited to Butler's individual claims against the Defendants, and (2) the filing fee or a complete application for leave to proceed in forma pauperis. Doc. 3. Butler was warned that failure to comply timely with the order likely would result in dismissal of this case. Id. at 4. Butler has not complied with the order and has not responded to the December 14, 2021, show cause order. Doc. 6.
Although Butler filed a prisoner consent form and account printout on November 4 2021, Doc. 5, he has not complied with the remaining requirements of the October 15, 2021, order; specifically, Butler has not filed an amended complaint and a motion for leave to proceed in forma pauperis with supporting affidavit.
Based on the foregoing, the undersigned respectfully RECOMMENDS that:
1. This case be DISMISSED without prejudice for failure to comply with orders of this court. 2. The clerk of court be directed to close this case file. At Pensacola, Florida, this 5th day of January, 2022. 3