Hernandez v. Gray

Full title: JESSIE HERNANDEZ, Plaintiff, v. E. GRAY, Defendant

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Dec 17, 2007

CASE NO.: 5:07cv203/MCR/MD (N.D. Fla. Dec. 17, 2007)

Opinion

CASE NO.: 5:07cv203/MCR/MD.

December 17, 2007

REPORT AND RECOMMENDATION

MILES DAVIS, 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 and a motion to proceed in forma pauperis. Plaintiff was granted leave to proceed in forma pauperis and given thirty days to submit the assessed filing fee of $18.00. After receiving no payment from plaintiff, an order was entered giving plaintiff twenty days to pay the fee or risk dismissal of his complaint. To date, plaintiff has made no payment toward his filing fee or explained his inability to do so.

Accordingly, it is respectfully RECOMMENDED:

That this case be dismissed without prejudice for plaintiff's failure to prosecute and failure to comply with an order of the court.

At Pensacola, Florida.

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy hereof.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 any objections shall be served upon any 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 (11^th Cir. 1988).