MCDANIEL v. DARNELL et al

Filing 35

ORDER ADOPTING 31 REPORT AND RECOMMENDATION, denying 33 Amended Motion for Leave to Proceed in forma pauperis, striking 32 Amended Complaint filed by LEROY MCDANIEL, JR, and dismissing case without prejudice for failure to prosecute and to follow orders of the Court; signed by SENIOR JUDGE MAURICE M PAUL on 10/2/12. (tss)

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

CASE NO. 1:11-cv-00108-MP-GRJ

SADIE DARNELL, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated August 20, 2012. (Doc. 31). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff did not file objections but
instead attempted to file an amended complaint, Doc. 32, and an amended motion for leave to
proceed in forma pauperis, Docs. 33 & 34.
The undersigned agrees with the Magistrate Judge, however, that plaintiff has failed to
prosecute this case and to follow orders of the Court. As stated in the Report and
Recommendation:
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.)
Thus, the Court agrees with the Magistrate Judge that latest motion for extension of time, Doc.

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30, is not well taken. Additionally, the attempt to amend the complaint and file an amended in
forma pauperis motion is too little, too late.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.

2.

The proposed First Amended Complaint at Doc. 32, should be stricken from the
docket, as the Court denies leave to amend the complaint.

3.

The amended motion to proceed in forma pauperis, Doc. 33, is denied.

4.

This case is dismissed without prejudice for failure to prosecute and to follow
orders of the Court.

DONE AND ORDERED this 2nd day of October, 2012

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:11-cv-00108-MP-GRJ