Klein v. Blackmon

Full title: QUINN KLEIN, a/k/a Aaron Klein Plaintiff, v. E. BLACKMON, et al.…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

Date published: Jul 31, 2017

Case No. 5:17cv65-MCR-CJK (N.D. Fla. Jul. 31, 2017)

Opinion

Case No. 5:17cv65-MCR-CJK

07-31-2017

QUINN KLEIN, a/k/a Aaron Klein Plaintiff, v. E. BLACKMON, et al., Defendants.

CHARLES J. KAHN, JR. UNITED STATES MAGISTRATE JUDGE

REPORT AND RECOMMENDATION

On May 1, 2017, the undersigned entered an order (doc. 15) noting plaintiff's second motion to proceed in forma pauperis was inadequate and allowing plaintiff 30 days in which to either file a completed motion to proceed in forma pauperis or pay the $400.00 filing fee. The undersigned advised plaintiff that failure to do so would result in a recommendation that the case be dismissed for failure to prosecute and/or failure to comply with an order of the court.

After more than 30 days passed and plaintiff neither filed a completed motion to proceed in forma pauperis nor paid the filing fee, the undersigned entered an order directing plaintiff to show cause within 14 days why the matter should not be dismissed for failure to prosecute and/or failure to comply with an order of the court. More than 14 days have passed and plaintiff has not responded.

Accordingly, it is respectfully RECOMMENDED:

1. That this case be DISMISSED WITHOUT PREJUDICE for plaintiff's failure to prosecute and/or failure to comply with an order of the court.

2. That the Clerk be directed to close the file.

At Pensacola, Florida this 31st day of July, 2017.

/s/ _________

CHARLES J. KAHN, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may 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 the magistrate judge and all other parties. A party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See U.S. Ct. of App. 11th Cir. Rule 3-1; 28 U.S.C. § 636.