HANSEN v. STATE OF FLORIDA

Filing 22

REPORT AND RECOMMENDATION. That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court and failure to prosecute. R&R flag set. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 10/22/09. Internal deadline for referral to district judge if objections are not filed earlier: 11/19/2009. (lcu)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION TONY RAY HANSEN, Plaintiff, vs. STATE OF FLORIDA, 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 September 16, 2009, the court entered an order giving Plaintiff thirty (30) days in which to confirm his continued interest in pursuing this litigation (Doc. 21). The allotted time has now passed without Plaintiff's having filed a response to the court's order. Accordingly, it is respectfully RECOMMENDED: That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court and failure to prosecute. At Pensacola, Florida, this 22nd day of October 2009. Case No. 3:08cv542/MCR/EMT

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

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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: 3:08cv542/MCR/EMT