Opinion
Case No. 3:17cv463-MCR-CJK
09-13-2017
GIEUVOIS CADEJUSTE, Plaintiff, v. KERNS, et al., Defendants.
REPORT AND RECOMMENDATION
On August 9, 2017, the court ordered plaintiff to file either a notice of voluntary dismissal or an amended civil rights complaint within 30 days. (Doc. 7). The order advised plaintiff that failing to comply would result in a recommendation that this case be dismissed. To date, plaintiff has not complied with the August 9 order.
The Florida Department of Corrections' website indicates plaintiff was released from custody on August 27, 2017. Plaintiff, however, has not provided the court with an updated mailing address. Based on the court's inability to contact plaintiff, the issuance of a show cause order would be futile. Thus, the undersigned recommends that this case be dismissed without prejudice.
Accordingly, it is respectfully RECOMMENDED:
1. That this case be DISMISSED WITHOUT PREJUDICE.
2. That the clerk be directed to close the file.
At Pensacola, Florida, this 13th day of September, 2017.
/s/ Charles J . Kahn, Jr.
CHARLES J. KAHN, JR.
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations may be filed within fourteen (14) 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, and does not control. A copy of objections shall be served upon the Magistrate Judge and all other parties. A party failing to object to a Magistrate Judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See U.S. Ct. of App. 11th Cir. Rule 3-1; 28 U.S.C. § 636.
See http://www.dc.state.fl.us/OffenderSearch/Search.aspx (last visited Sept. 13, 2017).