SCHILLER v. MERCER

Filing 13

ORDER ADOPTING 11 SECOND REPORT AND RECOMMENDATION: Case is DISMISSED for Plaintiff's failure to comply with court orders to prosecute this case. All pending motions are DENIED. Signed by SENIOR JUDGE STEPHAN P MICKLE on 2/14/2012. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ANTHONY LEON SCHILLER,
Plaintiff,
v.

CASE NO.: 4:11-cv-405-SPM/WCS

N.E. MERCER, et al.,
Defendants.
____________________________/
ORDER ADOPTING SECOND REPORT AND RECOMMENDATION
THIS CAUSE comes before the Court for consideration of the Magistrate
Judge’s Second Report and Recommendation (doc. 11). Plaintiff filed objections
to the report (doc. 12). Upon consideration, I have determined that the Report
and Recommendation is correct and should be adopted.
Plaintiff contends that he could not submit an in forma pauperis motion
because prison officials would not provide Plaintiff with copies of his inmate bank
account information. The Magistrate Judge instructed Plaintiff to provide the
Court with documentary support (copies of inmate request forms and responses)
demonstrating that Plaintiff has attempted to obtain his account statements and
to comply with a court order. To date, Plaintiff has still not submitted a copy of
an inmate request form where he previously attempted to obtain his bank
account statement. Accordingly, it is hereby

ORDERED and ADJUDGED:
1.

The Magistrate Judge’s Second Report and Recommendation
(doc. 11) is adopted and incorporated by reference into this order.

2.

This case is dismissed for Plaintiff’s failure to comply with court
orders to prosecute this case.

3.

All pending motions are denied.

DONE AND ORDERED this 14th day of February, 2012.

S/ Stephan P. Mickle
Stephan P. Mickle
Senior United States District Judge

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