Opinion
Case No. 3:05cv225/RV/EMT.
February 23, 2006.
REPORT AND RECOMMENDATION
This cause is before the court upon referral from the clerk. Petitioner commenced this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1). On December 20, 2005, this court entered an order (Doc. 42) giving Petitioner twenty (20) days in which to provide two copies of the petition for service upon Respondent and the Florida Attorney General. Petitioner failed to comply with the order, therefore, on January 30, 2006, the court issued an order requiring Petitioner 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. 48). The time for compliance with the show cause order has now elapsed with no response from Petitioner.
Within the twenty-day deadline Petitioner filed a motion to proceed in forma pauperis, which the court denied as moot since leave to proceed in forma pauperis had previously been granted ( see Docs. 44, 45, 5). Petitioner did not provide service copies of the petition or request an extension of time to do so.
Accordingly, it is respectfully RECOMMENDED:
1. The clerk of court is directed to change the docket to reflect that James R. McDonough is substituted for James Crosby as Respondent.
2. That this case be DISMISSED WITHOUT PREJUDICE for Petitioner's failure to comply with an order of the court.