MARTS ET AL v. MCNESBY ET AL

Filing 167

REPORT AND RECOMMENDATION: (1.) That Plaintiff Clarence Williams be terminated as a Plaintiff in this cause of action, and further, that Plaintiff Clarence Williams' case be DISMISSED without prejudice for failure to comply wi th an order of the court. (2.) That the clerk be directed to change the docket to reflect that Plaintiff Clarence Williams is terminated as a Plaintiff in this cause of action. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 3/17/2009. Internal deadline for referral to district judge if objections are not filed earlier: 4/14/2009. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHRISTOPHER BANKS, et al., Plaintiffs, vs. RON McNESBY, et al., Defendants. __________________________________/ REPORT AND RECOMMENDATION This cause is before the court upon referral from the clerk. Plaintiff SIDNEY MARTS commenced this action by filing a civil rights complaint under 42 U.S.C. � 1983 (Doc. 1). Plaintiff CLARENCE WILLIAMS joined this cause of action on August 19, 2008, and was given thirty (30) days in which to pay the filing fee or submit a separate motion to proceed in forma pauperis (Doc. 20). Plaintiff Williams subsequently filed a motion to proceed in forma pauperis, which was denied (see Docs. 34, 109). Thus, in an order dated December 17, 2008, Plaintiff was given thirty (30) days in which to pay the filing fee. Plaintiff failed to respond to the order; therefore, on January 29, 2009, the court issued an order requiring Plaintiff Williams 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. 159). The time for compliance with the show cause order has now elapsed with no response from Plaintiff. Accordingly, it is respectfully RECOMMENDED: 1. That Plaintiff Clarence Williams be terminated as a Plaintiff in this cause of action, and further, that Plaintiff Clarence Williams' case be DISMISSED without prejudice for failure to comply with an order of the court. 2. That the clerk be directed to change the docket to reflect that Plaintiff Clarence Williams is terminated as a Plaintiff in this cause of action. Case No.: 3:08cv272/MCR/EMT

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Case No: 3:08cv272/MCR/EMT

At Pensacola, Florida, this 17th day of March 2009.

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

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: 3:08cv272/MCR/EMT

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