SMITH v. DUVALL

Filing 32

VACATED (See order 35 )* REPORT AND RECOMMENDATION that this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court. R&R flag set. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 8/5/09. Internal deadline for referral to district judge if objections are not filed earlier: 9/2/2009. (lcu) - *Modified on 8/21/2009 (to reflect court's ruling at doc 35) (cbj).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JEFF L. SMITH, Plaintiff, vs. SCOTT DUVALL, 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). By order of this court dated December 9, 2008, Plaintiff was given thirty (30) days in which to file an amended complaint (see Doc. 17). Plaintiff requested several extensions of time advising the court that he was unprepared to proceed with this case at this time (see Docs. 20, 21, 22, 24, 29, 30). The court granted Plaintiff's final request on May 12, 2009, directing Plaintiff to file an amended complaint on or before July 6, 2009 (Doc. 30). Plaintiff failed to file an amended complaint by that date; therefore, on July 10, 2009, the court entered an order directing Plaintiff to show cause, within twenty (20) days, why this case should not be dismissed for failure to comply with an order of the court (Doc. 31). The time for compliance with the show cause order has now elapsed with no response from Plaintiff. Accordingly, it is respectfully RECOMMENDED: That this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court. At Pensacola, Florida, this 5th day of August 2009. Case No. 5:08cv293/RH/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: 5:08cv293/RH/EMT