Supreme Court Washington D. C. v. Justice Dept of American Interior et al

Filing 4

REPORT AND RECOMMENDATION regarding 1 Complaint filed by Larry Mallery on behalf of Supreme Court Washington D.C., et al. Signed by Magistrate Judge James R. Klindt on 6/15/2009. (JDF)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION LARRY MALLERY, on behalf of SUPREME COURT WASHINGTON D.C., and JUSTICE DEPT OF AMERICAN INTERIOR, 432909 Property reference: exclamations examples, Plaintiffs, Case No. 3:09-cv-466-J-25JRK vs. JAZZ FESTIVAL COMMITTEES JACKSONVILLE, FLORIDA, with securities, and 4 ARMED SECURITY PERSONS, Defendants. _____________________________________/ REPORT AND RECOMMENDATION1 This cause is before the Court sua sponte. Plaintiff initiated this action by filing a Complaint (Doc. No. 1) on May 26, 2009. Plaintiff did not accompany the Complaint with the $350.00 filing fee or a request to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a)(1). On May 29, 2009, the Court entered an Order (Doc. No. 3) directing Plaintiff either to submit the $350.00 filing fee or to complete and file an Affidavit of Indigency by June 10, 2009, failing which it would be recommended that this case be dismissed.

1 Specific, written objections may be filed in accordance with 28 U.S.C. § 636 and Rule 6.02, Local Rules, United States District Court, Middle District of Florida, within ten (10) days after service of this document. Failure to file timely objections may bar a party from a de novo determination by a district judge and from attacking factual allegations on appeal. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b).

As of this date, Plaintiff has not paid the filing fee required by 28 U.S.C. § 1914; nor has Plaintiff filed an Affidavit of Indigency requesting to proceed in forma pauperis under 28 U.S.C. § 1915. Accordingly, it is RECOMMENDED: That this action be DISMISSED without prejudice for failure to comply with 28 U.S.C. § 1914. RESPECTFULLY RECOMMENDED at Jacksonville, Florida on June 15, 2009.

jdf Copies to: Pro Se parties

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