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Weaver v. Biggerstaff

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION
Nov 14, 2014
Case No.: 5:14cv197/RS/EMT (N.D. Fla. Nov. 14, 2014)

Opinion

Case No.: 5:14cv197/RS/EMT

11-14-2014

DANIEL T. WEAVER, Plaintiff, v. OFFICER BIGGERSTAFF, Defendant.


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 (doc. 1). On August 28, 2014, this court entered an order giving Plaintiff thirty (30) days in which to pay an initial partial filing fee in the amount of $2.50 (doc. 4). Plaintiff failed to comply with the order; therefore, on October 6, 2014, 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 (doc. 6). The time for compliance with the show cause order has now elapsed, and Plaintiff has failed to pay the initial partial filing fee, explain his inability to do so, or otherwise respond to the show cause order.

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 14th day of November 2014.

/s/ Elizabeth M. Timothy

ELIZABETH M. TIMOTHY

CHIEF UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Any 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. 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).


Summaries of

Weaver v. Biggerstaff

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION
Nov 14, 2014
Case No.: 5:14cv197/RS/EMT (N.D. Fla. Nov. 14, 2014)
Case details for

Weaver v. Biggerstaff

Case Details

Full title:DANIEL T. WEAVER, Plaintiff, v. OFFICER BIGGERSTAFF, Defendant.

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

Date published: Nov 14, 2014

Citations

Case No.: 5:14cv197/RS/EMT (N.D. Fla. Nov. 14, 2014)