Riches v. Cavaliere

Full title: JONATHAN LEE RICHES, Plaintiff, v. FELIX CAVALIERE, et al., Defendants

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Jul 25, 2008

Case No.: 3:08cv210/RV/EMT (N.D. Fla. Jul. 25, 2008)

Opinion

Case No.: 3:08cv210/RV/EMT.

July 25, 2008

REPORT AND RECOMMENDATION

ELIZABETH TIMOTHY, Magistrate Judge

This cause is before the court upon referral from the clerk. Plaintiff commenced this action by filing a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1). On May 30, 2008, this court entered an order construing the petition as a civil rights complaint and giving Plaintiff thirty (30) days in which to file an amended civil rights complaint pursuant to 28 U.S.C. § 1331 or a notice of voluntary dismissal; and, to pay the filing fee or submit a complete motion to proceed informa pauperis (Doc. 4). Plaintiff failed to respond to the order; therefore, on July 3, 2008, 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 and Plaintiff has not filed an amended complaint or notice of dismissal, nor has he paid the filing fee or submitted a motion to proceed in forma pauperis.

Accordingly, it is respectfully RECOMMENDED:

That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court.

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within ten 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. A copy of objections shall be served upon all 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 (11th Cir. 1988).