DANIEL v. MCDONOUGH

Filing 31

REPORT AND RECOMMENDATION that this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 11/7/08. Internal deadline for referral to district judge if objections are not filed earlier: 12/5/2008 (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JEAN ROGER DANIEL, Plaintiff, vs. JAMES McDONOUGH, et al., Defendants. _______________________________/ REPORT AND RECOMMENDATION This cause is before the court upon referral from the clerk. Plaintiff commenced this action by filing a civil rights complaint under 42 U.S.C. § 1983 (Doc. 1). On July 22, 2008, Plaintiff was given thirty (30) days in which to pay an initial partial filing fee in the amount of $4.61 (Doc. 11). On September 3, 2008, this court received a payment toward the initial partial fee in the amount of $3.24 (see Docket Entry 18), but the remaining amount due was not received. Therefore, on September 29, 2008, the court issued an order requiring Plaintiff to show cause, within twenty (20) days, why this action should not be dismissed for failure to comply with an order of the court (Doc. 27). The time for compliance with the show cause order has now elapsed and Plaintiff has not paid the balance of the initial partial filing fee or shown cause for his failure to do so. Accordingly, it is respectfully RECOMMENDED: That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court. DONE AND ORDERED this 7th day of November 2008. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE Case No. 3:08cv163/MCR/EMT

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NOTICE TO THE PARTIES Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only. A copy of objections shall be served upon all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).

Case No. 3:08cv163/MCR/EMT