Benefield v. Smith et al

Filing 11

ORDER adopting 9 the Report and Recommendation, dismissing the action without prejudice, and directing the clerk to terminate 3 the motion to proceed in forma pauperis and close the file. Signed by Judge Timothy J. Corrigan on 7/8/2024. (VNG)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION CYNTHIA D. BENEFIELD, Plaintiff, v. Case No. 3:24-cv-219-TJC-PDB FELICIA JOHNSON SMITH, CASSANDRA SMITH BATTLE, GREGORY LEE ANDERSON, CORY R. BENEFIELD, GREGORY L. PINKNEY, and JOHNNY BRUCE ELLIOTT, Defendants. ORDER This case is before the Court on a Report and Recommendation, Doc. 9. The assigned United States Magistrate Judge recommends (1) dismissing the action without prejudice for failure to provide the Court with a current address and to demonstrate due diligence and just cause for delay and (2) directing the clerk to terminate the motion to proceed in forma pauperis. Id. at 3. The Court has mailed Plaintiff multiple orders that have been returned marked “Return to Sender.” See Docs. 6, 8, 10. Plaintiff has filed nothing in approximately four months and has not provided an updated mailing address. Upon de novo review of the file and for the reasons stated in the Report and Recommendation, Doc. 9, it is hereby ORDERED: 1. The Report and Recommendation of the Magistrate Judge, Doc. 9, is ADOPTED as the opinion of the Court. 2. The action is DISMISSED without prejudice. 3. The clerk is DIRECTED to terminate the motion to proceed in forma pauperis, Doc. 3, and close the file. DONE AND ORDERED in Jacksonville, Florida, the 8th day of July, 2024. vng Copies to: The Honorable Patricia D. Barksdale United States Magistrate Judge Cynthia D. Benefield 1701 Campus Street Jacksonville, FL 32209 2

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