Hayes v. Delgado et al

Filing 6

OPINION AND ORDER This case is dismissed without prejudice for Plaintiff's failure to comply with the Court's May 14, 2018, Order. The Clerk of Court shall terminate any motions and deadlines and close this file. Because this dismissa l is without prejudice, Plaintiff may initiate a new civil rights action if he wishes to prosecute his claim by filing the enclosed blank civil rights complaint form accompanied by the requisite $400.00 filing fee or application to proceed as pauper with the Clerk of Court. Plaintiff should not use this case number on his new complaint form. Instead, the Clerk will assign Plaintiff's case a new case number. Signed by Judge Sheri Polster Chappell on 6/11/2018. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
REGINALD HAYES,
Plaintiff,
v.

Case No: 2:18-cv-341-FtM-38CM

J. DELGADO, CARMELLO
BERRIOUS, D. MARTIN, JULIA
JONES, FNU JAMES and GEORGE
MICHEL,
Defendants.
/
OPINION AND ORDER 1
This matter comes before the Court upon periodic review of the file. Plaintiff, who
is confined in the Lee County Jail, initiated this action by filing a pro se handwritten
pleading. Doc. 1. Plaintiff did not accompany his pleading with the requisite filing fee or
motion to proceed as a pauper. On May 16, 2918, the Court liberally construed the
handwritten pleading as a civil rights complaint alleging constitutional deprivations in
connection with Plaintiff’s confinement and directed Plaintiff to submit an amended
complaint on the approved prisoner civil rights complaint form and return it to the Court
no later than June 6, 2018. Doc. 3. The Court provided Plaintiff with a blank civil rights

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complaint form for his use in complying with the Court’s May 16, 2018, Order. Id. at 2,
¶2. Plaintiff was cautioned that his failure to comply with the Court’s May 16, 2018, Order
would result in the dismissal of this action without further notice. Id. at ¶3. As of the date
on this Order, Plaintiff has not complied with the Court’s May 16, 2018, Order or explained
his inability to comply, and the time for doing so has expired.
Accordingly, it is now
ORDERED:
1. This case is dismissed without prejudice for Plaintiff’s failure to comply with the
Court’s May 14, 2018, Order.
2. The Clerk of Court shall terminate any motions and deadlines and close this
file.
3. Because this dismissal is without prejudice, Plaintiff may initiate a new civil
rights action if he wishes to prosecute his claim by filing the enclosed blank civil
rights complaint form accompanied by the requisite $400.00 filing fee or
application to proceed as pauper with the Clerk of Court. Plaintiff should not
use this case number on his new complaint form. Instead, the Clerk will assign
Plaintiff’s case a new case number.
DONE and ORDERED in Fort Myers, Florida this 11th day of June, 2018.

SA: FTMP-1
Copies: All Parties of Record

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