Opinion
CASE NO. 5:17-cv-171-MW-GRJ
10-12-2017
MAIKEL SURERA, Plaintiff, v. CENTURIAN MEDICAL GROUP, et al., Defendant.
REPORT AND RECOMMENDATION
Plaintiff initiated this case by filing a Complaint pursuant to 42 U.S.C. § 1983. ECF No. 1. Plaintiff failed to either pay the $400.00 filing fee ($350.00 fee plus $50 administrative fee) or file a motion for leave to proceed as a pauper. Pursuant to N.D. Fla. Loc. R. 5.1(H), "[a] civil action shall not be filed by the clerk until the fee is paid . . . unless the complaint or petition is accompanied by a motion for leave to proceed in forma pauperis [IFP]." The Court ordered Plaintiff to correct this deficiency on or before August 30, 2017, and warned Plaintiff that failure to do so would result in a recommendation that this case be dismissed without further notice. ECF No. 3. As of this date, Plaintiff has neither complied nor sought an extension of time to comply.
If a prisoner is granted leave to proceed in forma pauperis the filing fee is paid in installments totaling $350.00. --------
Accordingly, it is respectfully RECOMMENDED that this case should be DISMISSED without prejudice for failure to prosecute and failure to comply with an order of the Court.
IN CHAMBERS this 12th day of October 2017.
/s/_________
GARY R. JONES
United States Magistrate Judge
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must 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 all other parties. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party waives the right to challenge on appeal the district court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.