Todd v. Cnty. of Jackson

Full title: JEROME TODD, Plaintiff, v. COUNTY OF JACKSON, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

Date published: Aug 18, 2017

Case No.: 5:17cv127/MCR/EMT (N.D. Fla. Aug. 18, 2017)

Opinion

Case No.: 5:17cv127/MCR/EMT

08-18-2017

JEROME TODD, Plaintiff, v. COUNTY OF JACKSON, et al., Defendants.

ELIZABETH M. TIMOTHY CHIEF UNITED STATES MAGISTRATE JUDGE

REPORT AND RECOMMENDATION

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 (ECF No. 1). By order of this court dated May 2, 2017, Plaintiff was given thirty (30) days in which to file an amended complaint and either pay the filing fee or file a motion to proceed in forma pauperis ("IFP") (see ECF No. 3). Plaintiff failed to file an amended complaint or address the matter of the filing fee by the deadline; therefore, on June 29, 2017, the court issued an order requiring Plaintiff to show cause, within thirty (30) days, why this action should not be dismissed for failure to comply with an order of the court (ECF No. 13). Although the show cause order was returned by the Federal Correctional Institution in Marianna, Florida (Plaintiff's address of record when he filed his complaint) as undeliverable (see ECF No. 14), the court resent a copy of the show cause order to Plaintiff at his new address, the Federal Correctional Institution in Estill, South Carolina, on July 12, 2017 (see ECF No. 16). As of the date of this Report and Recommendation, Plaintiff has not paid the filing fee, filed an IFP motion or amended complaint, or explained his failure to do so.

Accordingly, it is respectfully RECOMMENDED:

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

At Pensacola, Florida, this 18^th day of August 2017.

/s/ Elizabeth M. Timothy

ELIZABETH M. TIMOTHY

CHIEF 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.