Opinion
Case No.: 5:16cv327/LAC/EMT
02-16-2017
JOHNNY FRANCIQUE, Plaintiff, v. SGT. B. SMITH, et al., Defendants.
REPORT AND RECOMMENDATION
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 (ECF No. 1). By order of this court dated December 5, 2016, Plaintiff was given thirty (30) days in which to either submit a completed motion to proceed in forma pauperis ("IFP") on the court-approved form, or pay the filing fee (ECF No. 7). Plaintiff failed to submit an IFP motion or pay the filing fee by the deadline; therefore, on January 13, 2017, the court issued an order requiring Plaintiff 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. 9). The time for compliance with the show cause order has elapsed, and Plaintiff has failed to submit an IFP motion, pay the filing fee, or explain his failure to do so.
Accordingly, it is respectfully RECOMMENDED:
That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court.
At Pensacola, Florida, this 16th 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.