McGathey v. Corizon Medical et al

Filing 15

OPINION AND ORDER dismissing without prejudice re: 1 Complaint. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 7/19/2019. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TODD W. MCGATHEY,
Plaintiff,
v.

Case No.: 2:18-cv-34-FtM-38NPM

CORIZON CARE LLC, ANDREW
SAFRON, MASAMI
KOLBENSCHLAG, BILL
PRUMMELL, CHARLOTTE
BEHAVORIAL HEALTH CARE and
CORIZON MEDICAL LLC,
Defendants.
/
OPINION AND ORDER1
This matter is before the Court on periodic review of the file. On March 15, 2018,
the Court directed Plaintiff to file proof of indigency by filing a computer printout of all the
transactions in his inmate account for the six (6) months preceding the filing of this action.
(Doc. 7). Plaintiff was cautioned that failure to comply with the Court’s Order could result
in the dismissal of his case. Plaintiff failed to comply.
On May 18, 2018, the Court again ordered Plaintiff to file his proof of indigency.
(Doc. 10). On May 31, 2018, the United States Postal Service returned the Order as
undeliverable. This Court directed that Plaintiff keep the Court apprised of his address
by Standing Order filed January 17, 2017. (Doc. 3). Plaintiff has an obligation to keep
this Court advised of his current address in order to effectively process this litigation. On

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July 3, 2019, the Court issued an Order to Show Cause why the Plaintiff’s case should
not be dismissed for failure to comply with the Court’s Order. (Doc. 12). To date, Plaintiff
has failed to respond to the Court’s Order and the time to do so has expired.
The Court has taken reasonable steps to provide Plaintiff an opportunity to respond
to the Orders and Plaintiff was put on notice that the case would be dismissed if he failed
to comply. The Local Rules provide that “[w]henever it appears that any case is not being
diligently prosecuted the Court may, on motion of any party or on its own motion, enter
an order to show cause why the case should not be dismissed, and if no satisfactory
cause is shown, the case may be dismissed by the Court for want of prosecution.” M.D.
Fla. Rule 3.10(a)
The Court finds that Plaintiff has failed to prosecute this case and that the case is
due to be dismissed. Because the Court is dismissing this action without prejudice,
Plaintiff may file a new action if he wishes to pursue his claim.
Accordingly, it is now ORDERED:
1. Plaintiff Todd W. McGathey’s Case is DISMISSED without prejudice.
2. The Clerk of the Court is directed to enter judgment accordingly, terminate any
pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 19th day of July 2019.

SA: FTMP-2
Copies: All Parties of Record

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