Ridley v. Sellers

Full title: EDWARD T. RIDLEY, Petitioner, v. ANDY SELLERS, Warden, Respondent

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

Date published: Oct 30, 2007

Case No.: 5:07cv157/RS/EMT (N.D. Fla. Oct. 30, 2007)

Opinion

Case No.: 5:07cv157/RS/EMT.

October 30, 2007

REPORT AND RECOMMENDATION

ELIZABETH TIMOTHY, Magistrate Judge

This cause is before the court upon referral from the clerk. Petitioner commenced this action by filing a habeas petition under 28 U.S.C. § 2254 (Doc. 1). On August 1, 2007, this court entered an order giving Petitioner until September 10, 2007, to pay the filing fee (Doc. 7). Petitioner failed to respond to the order; therefore, on October 4, 2007, the court issued an order requiring Petitioner 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. 17). The time for compliance with the show cause order has now elapsed and Petitioner has not paid the filing fee or asserted his inability to do so, nor has he sought leave to proceed in forma pauperis.

Accordingly, it is respectfully RECOMMENDED:

That this case be DISMISSED without prejudice for Petitioner's 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 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 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).