Opinion
CASE NO. 5:17-cv-223-MCR-GRJ
11-12-2017
ALLEN WILLICH, Plaintiff, v. GROVER, Defendant.
REPORT AND RECOMMENDATION
Plaintiff, an inmate confined at Apalachee CI, initiated this case by filing a handwritten complaint in the Middle District of Florida. Because the Complaint concerns events at Apalachee CI, which is located within this District, the case was transferred to this Court. ECF No. 1, 3.
Plaintiff failed to use an approved form for prisoner complaints. Further, Plaintiff failed to either pay the civil case filing fee or file a motion for leave to proceed as a pauper with supporting documentation. The Court ordered Plaintiff to correct these deficiencies on or before October 2, 2017, and warned Plaintiff that failure to comply would result in a recommendation that this case be dismissed without further notice. As of this date, Plaintiff has neither complied nor sought an extension of time to do so.
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.