Dale v. McNesby

Full title: JEFFREY DALE, Plaintiff, v. SHERIFF RON McNESBY, et al., Defendants

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

Date published: Jun 17, 2008

Case No. 3:08cv117/MCR/EMT (N.D. Fla. Jun. 17, 2008)

Opinion

Case No. 3:08cv117/MCR/EMT.

June 17, 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). On April 21, 2008, this court entered an order giving Plaintiff thirty (30) days in which to pay an initial partial filing fee in the amount of $4.87 (Doc. 6). Plaintiff failed to respond to the order; therefore, on May 27, 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. 7). The time for compliance with the show cause order has now elapsed, and Plaintiff has failed to respond.

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).