MCDANIEL v. DARNELL et al

Filing 31

REPORT AND RECOMMENDATION that 1 Complaint be dismissed without prejudice for failure to prosecute and failure to comply with an order of the Court and ORDER denying 30 MOTION to Extend Time and to Appoint Counsel filed by LEROY MCDANIEL, JR - R&R flag set (Internal deadline for referral to district judge if objections are not filed earlier: 9/17/2012); signed by MAGISTRATE JUDGE GARY R JONES on 8/20/12. (tss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
LEROY MCDANIEL, JR.,
Plaintiff,
v.

Case No. 1:11-cv-108-MP-GRJ

SEDIE DARNELL et al.,
Defendants.
____________________________/
ORDER AND REPORT AND RECOMMENDATION
On July 18, 2012, this Court entered an order permitting Plaintiff until August 10,
2012 to file an amended motion to proceed in forma pauperis and amended complaint.
(Doc. 29.) This deadline was the most recent of several extensions granted by the
Court since it first directed Plaintiff to amend on July 25, 2011. (Doc. 11.) Plaintiff did
not comply with the Court’s order but instead on or about August 16, 2012 mailed a
note to the Court requesting appointment of counsel and an extension of time. (Doc.
30.)
The Court has repeatedly advised Plaintiff of what he must do to pursue his
Eighth Amendment medical care claims related to his incarceration at the Alachua
County Jail and in the Department of Corrections. The Court has also repeatedly
denied Plaintiff’s requests for counsel. (Docs. 3, 22, 25.) In the most recent order
directing Plaintiff to file amended pleadings, the Court warned Plaintiff that this would
be his final opportunity to amend and if he did not comply, the undersigned would
recommend that the case be dismissed. (Doc. 29.)
Regardless of Plaintiff’s various changes of address, mail returned as
undeliverable to the Court, and extensions of time, he was directed to file an amended
complaint and motion to proceed in forma pauperis more than one year ago and has

failed to do so. Accordingly, it is RECOMMENDED the this action be dismissed without
prejudice for failure to prosecute and failure to comply with an order of the Court.
It is ORDERED that Plaintiff’s motion to extend time and appoint counsel (Doc.
30) is DENIED.
IN CHAMBERS at Gainesville, Florida, this 20th day of August 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

NOTICE TO THE PARTIES
Pursuant to Fed. R. Civ. P. 72(b)(2), a party may file specific, written
objections to the proposed findings and recommendations within 14 days after
being served with a copy of this report and recommendation. A party may respond
to another party’s objections within 14 days after being served with a copy
thereof. Failure to file specific objections limits the scope of review of proposed
factual findings and recommendations.

Case No. 1:11-cv-108-MP-GRJ