Opinion
CIVIL ACTION NO. 2:14-CV-437-WHA [WO]
01-06-2015
TIMOTHY RAY FOX, #278599, Plaintiff, v. KIM TOBIAS THOMAS, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
On June 27, 2014, the court entered an order granting Plaintiff fourteen days to file an amended complaint. See Doc. No. 6. Plaintiff was cautioned that his failure to comply with the court's June 27 order would result in a Recommendation that his complaint be dismissed. Id. The requisite time has passed and Plaintiff has not complied with the order of the court. Consequently, the court concludes that dismissal of this case is appropriate for Plaintiff's failures to prosecute this action and comply with the order of the court.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to prosecute this action and comply with the order of this court.
It is further
ORDERED that on or before January 20, 2015, Plaintiff may file an objection to the Recommendation Any objection filed must specifically identify the findings in the Magistrate Judge's Recommendation to which Plaintiff objects. Frivolous, conclusive or general objections will not be considered by the District Court. Plaintiff is advised this Recommendation is not a final order and, therefore, it is not appealable.
Failure to file a written objection to the proposed findings and recommendations in the Magistrate Judge's report shall bar Plaintiff from a de novo determination by the District Court of issues covered in the report and shall bar Plaintiff from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11 Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 Cir. 1981) (en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.
DONE, this 6 day of January 2015.
/s/ Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE