Shabaz v. Hicks

Full title: ABDULL SHAIKH SHABAZ, a/k/a ERNEST HOWARD NELSON, Petitioner, v. WARDEN…

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

Date published: Mar 6, 2008

Case No.: 4:07cv551/RH/EMT (N.D. Fla. Mar. 6, 2008)

Opinion

Case No.: 4:07cv551/RH/EMT.

March 6, 2008

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 January 8, 2008, this court entered an order giving Petitioner twenty (20) days in which to provide two copies of the habeas petition for service upon Respondent and the Attorney General of the State of Florida (Doc. 3). Petitioner failed to comply with the order; therefore, on February 4, 2008, 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. 7). The time for compliance with the show cause order has now elapsed, and Petitioner has not provided the court with service copies of his petition.

Accordingly, it is respectfully RECOMMENDED:

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