GLENN v. MCNEIL

Filing 8

REPORT AND RECOMMENDATION - - re 1 Complaint filed by LESTER STEVEN GLENN -- It is recommended - 1. That this case be dismissed without prejudice for pla's failure to comply with an order of the court. - 2. That the clerk be directed to close the file. - - - R&R flag set - - - (Internal deadline for referral to district judge if objections are not filed earlier: 1/15/2010. ) - - - Signed by MAGISTRATE JUDGE MILES DAVIS on December 18, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION LESTER STEVEN GLENN, Plaintiff, vs. Case No. 5:09cv296/RH/MD

WALTER MCNEIL, et al., Defendants. ___________________________________________________________________ REPORT AND RECOMMENDATION This cause is before the court upon referral from the clerk. Plaintiff

commenced this action on September 1, 2009 by filing a civil rights complaint under 42 U.S.C. § 1983 (doc. 1) and a motion for leave to proceed in forma pauperis (doc. 2). On September 14, 2009, the court entered an order finding plaintiff's motion to proceed in forma pauperis deficient, because plaintiff failed to provide a printout reflecting transactions in his inmate trust account for the 6-month period preceding the filing of his complaint. (Doc. 5). Plaintiff was ordered to correct the deficiency within thirty (30) days, or in the alternative, pay the full $350.00 filling fee within the same time period. (Id.). After receiving no response from plaintiff, this court entered an order on October 27, 2009 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. 6). To date, plaintiff has not responded. Accordingly, it is respectfully RECOMMENDED: 1. That this case be dismissed without prejudice for plaintiff's failure to

comply with an order of the court.

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2.

That the clerk be directed to close the file.

At Pensacola, Florida, this 18th day of December, 2009.

/s/

Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES Any objections to these proposed findings and recommendations must be filed within fourteen 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, and does not control. 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: 5:09cv296/RH/MD