Opinion
Case No. 5:05cv154/RS/EMT.
February 22, 2006
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 28 U.S.C. § 1331 or § 1346 (Doc. 1). On December 8, 2005, this court entered an order (Doc. 11) giving Plaintiff thirty (30) days in which to file an amended complaint. Plaintiff failed to respond to the order, therefore, on January 26, 2006, 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. 12). The time for compliance with the order to show cause has now elapsed with no response from Plaintiff.
Accordingly, it is respectfully RECOMMENDED:
That this case be DISMISSED WITHOUT PREJUDICE for Plaintiff's failure to comply with an order of the court.