KONEGAN v. FLORIDA DEPARTMENT OF CORRECTIONS

Filing 10

REPORT AND RECOMMENDATION re 1 Complaint filed by RICHARD KONEGAN: It is recommended - That this case be Dismissed without prejudice for Plaintiff's failure to comply with an order of the court. R&R flag set. - Internal deadline for referral to district judge if objections are not filed earlier: 8/13/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on July 16, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RICHARD KONEGAN, Plaintiff, vs. FLORIDA DEPARTMENT OF CORRECTIONS, Defendant. __________________________________/ REPORT AND RECOMMENDATION This cause is before the court upon referral from the clerk. Plaintiff commenced this action by filing what appears to be a civil rights complaint under 42 U.S.C. § 1983 (see Doc. 1). On May 6, 2009, this court entered an order giving Plaintiff thirty (30) days in which to pay the filing fee or file a complete application to proceed in forma pauperis (Doc. 8). Plaintiff failed to respond to the order; therefore, on June 12, 2009, 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. 9). The time for compliance with the show cause order has now elapsed and Plaintiff has not paid the filing fee or submitted a properly completed motion to proceed in forma pauperis. 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 16th day of July 2009. Case No. 5:09cv14/RH/EMT

s/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: 5:09cv14/RH/EMT