Opinion
Case No.: 4:16cv725/RH/EMT
02-10-2017
JERAL LEVAL COOPER, Petitioner, v. JULIE L. JONES, Respondent.
REPORT AND RECOMMENDATION
This cause is before the court upon referral from the clerk. Petitioner commenced this action by filing a habeas petition (ECF No. 1). On November 22, 2016, this court entered an order directing Petitioner to file an amended petition on the court-approved form, and either pay the filing fee or submit a motion to proceed in forma pauperis (ECF No. 3). The court set a 30-day deadline for Petitioner to comply with the order (see id.).
Petitioner failed to respond to the order; therefore, on January 4, 2017, the court issued an order requiring Petitioner to show cause, within thirty (30) days, why this action should not be dismissed for failure to comply with an order of the court (ECF No. 4). The time for compliance with the show cause order has elapsed, with no response from Petitioner.
Accordingly, it is respectfully RECOMMENDED:
That this case be DISMISSED without prejudice for Petitioner's failure to comply with an order of the court.
At Pensacola, Florida, this 10th day of February 2017.
/s/ Elizabeth M. Timothy
ELIZABETH M. TIMOTHY
CHIEF UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must 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 all other parties. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party waives the right to challenge on appeal the district court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.