Tarver v. Geoffry

Full title: KEITH TARVER, Plaintiff, v. OFFICER GEOFFRY, et al., Defendants

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

Date published: Oct 30, 2007

Case No.: 3:07cv354/MCR/EMT (N.D. Fla. Oct. 30, 2007)

Opinion

Case No.: 3:07cv354/MCR/EMT.

October 30, 2007

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 civil rights complaint under 42 U.S.C. § 1983 (Doc. 1). On August 27, 2007, this court entered an order giving Plaintiff thirty (30) days in which to pay an initial partial filing fee in the amount of $5.68 ( see Doc. 5 at 1). Plaintiff failed to pay the fee; therefore, on October 5, 2007, 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. 10). On October 12, 2007, Plaintiff responded (Doc. 10) and indicated that his mother sent the initial partial filing fee on October 2, 2007 ( see id. at 1). To date, the clerk has not received the initial partial filing fee from Plaintiff. Thus, the time for compliance the court's order has elapsed, and Plaintiff has not paid the initial partial filing fee as directed.

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).