Burton v. USA

Filing 5

ORDER adopting #4 Report and Recommendations; denying #1 Motion to Proceed In Forma Pauperis; and dismissing the action without prejudice for failure to prosecute in accordance with the attached order. The Clerk is directed to terminate any pending motions and deadlines and to close the case. Signed by Judge William F. Jung on 1/7/2025. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOHN BURTON,
v.

Plaintiff,

Case No. 8:24-cv-2678-WFJ-LSG

USA,
Defendant.
______________________________/
ORDER
Before the Court is Plaintiff John Burton’s pro se motion to proceed in
forma pauperis (Dkt. 1), and the United States Magistrate Judge’s report
recommending that the motion be denied and the case be dismissed for failure to
prosecute (Dkt. 4). The time for filing objections has passed.
Mr. Burton never filed a complaint in this case. On November 25, 2024, the
Court issued a show cause order directing Plaintiff to file a complaint—one that
states a viable federal cause of action—by December 16, 2024, or this case would
be dismissed for failure to prosecute. Dkt. 2. Plaintiff failed to notify the Court of
any change in address, and the order was returned as undeliverable. See Dkts. 3 &
4 at 2. Plaintiff has not filed anything in this case since it was opened.
As noted by the Magistrate Judge, Mr. Burton’s appeal from another,
possibly related case, No. 8:23-cv-1372-CEH-SPF, was dismissed on November

18, 2024, for failure to prosecute. Dkt. 4 at 2. In that case, Plaintiff neither paid
the filing fee nor moved to proceed in forma pauperis.
The Court reviews the legal conclusions de novo in the absence of an
objection. See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (citation
omitted); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). The
facts are clear from the record. The magistrate judge properly recommends that
the action be dismissed. For the reasons explained in the Report and
Recommendation, and in conjunction with an independent examination of the file,
the Court rules as follows:
1. The Report and Recommendation (Dkt. 4) is adopted, confirmed, and
approved in all respects and made a part of this order.
2. Plaintiff’s application to proceed in the district court without prepaying
fees or costs (Dkt. 1) is denied.
3. This action is dismissed without prejudice for failure to prosecute and
failure to comply with the Court’s order.
4. The Clerk is directed to terminate any pending motions and deadlines
and to close the case.
DONE AND ORDERED at Tampa, Florida, on January 7, 2025.

COPIES FURNISHED TO: Plaintiff, pro se
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