Bailey v. Department of the Treasury et al

Filing 11

REPORT AND RECOMMENDATION recommending dismissal. Signed by Magistrate Judge Howard T. Snyder on 1/4/2010. (CF)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

WILLIS BAILEY, Jr., Plaintiff, v. DEPARTMENT OF THE TREASURY, BUREAU OF THE PUBLIC DEBT, Defendant. REPORT AND RECOMMENDATION1 On October 6, 2009, Plaintiff filed a complaint (Doc. #1). After noting there was "no indication Mr. Bailey ha[d] paid the required filing fee[,]" Order (Doc. #7; Order) at 1; cf. 28 U.S.C. § 1914, Plaintiff was provided with an opportunity to pay the fee or submit a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. See id. at 1-2. Mr. Bailey failed to pay the fee CASE NO. 3:09-cv-1003-J-34HTS

or file the necessary request, and on December 3, 2009, the Court entered an Order to Show Cause (Doc. #10; Order to Show Cause) directing him "to show cause on or before December 15, 2009, why it should not be recommended this case be dismissed for failure to prosecute." Order to Show Cause (capitalization and emphasis

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 fourteen (14) days after service of this document. Failure to file timely objections shall bar the party from a de novo determination by a district judge and from attacking factual findings on appeal.
1

omitted).

As of this date, Plaintiff has not responded to either

the Order or the Order to Show Cause. Accordingly, it is recommended this action be dismissed for failure to prosecute pursuant to Rule 3.10(a), Local Rules, United States District Court, Middle District of Florida. DONE AND ENTERED at Jacksonville, Florida, this 4th day of January, 2010. /s/ Howard T. Snyder HOWARD T. SNYDER UNITED STATES MAGISTRATE JUDGE

Copies to: The Honorable Marcia Morales Howard United States District Judge Counsel of record and pro se parties, if any

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