Opinion
Case No. 3:05cv454/RV/EMT.
February 2, 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 42 U.S.C. § 1983 (Doc. 1). On December 5, 2005, this court entered an order (Doc. 4) giving Plaintiff thirty (30) days in which to file an amended complaint and either pay the filing fee or submit a completed application to proceed in forma pauperis. Plaintiff failed to respond to the order, therefore, on January 12, 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. 5). The time for compliance with the show cause order 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.