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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

SAM J. PEARSON, IV,

Plaintiff,

vs. Case No. 3:10cv390/LAC/CJK

CORRY FLEETION,

Defendant.

REPORT AND RECOMMENDATION

This cause is before the court upon referral from the clerk. Plaintiff

commenced this civil rights action on October 7, 2010 by filing a complaint under

U.S.C. § 1983 (doc. 1) and a motion to proceed in forma pauperis (doc. 2). Because

the complaint and application to proceed in forma pauperis were not on the court

forms, the court entered an order on October 20, 2010 directing plaintiff to submit,

within twenty-eight days, an amended complaint and either the $350.00 filing fee or

a complete application to proceed in forma pauperis. (Doc. 4). Plaintiff was warned

that failure to comply with the order would result in a recommendation that this case

be dismissed. 

A copy of the October 20, 2010 order was mailed to plaintiff at his address of

record, the Escambia County Jail. However, it was returned on October 27, 2010, as

undeliverable marked “Return to Sender, No Longer At This Address.” (Doc. 5). 

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Over ninety days elapsed and plaintiff did not file a change of address form or

otherwise notify the court of his new address. Accordingly, on January 24, 2011, a

Report and Recommendation was entered recommending dismissal of this case for

plaintiff’s failure to comply with an order of the court and failure to keep the court

informed of his current address. (Doc. 6). 

Two and a half weeks later, plaintiff filed a notice of change of address and a

motion for extension of time. (Docs. 8, 9). In the interest of justice, on February 15,

2011, the court vacated the Report and Recommendation, forwarded a copy of the

court’s October 20, 2010 order to plaintiff, supplied plaintiff with new court forms

on which to submit an amended complaint and in forma pauperis application, and

granted plaintiff another thirty (30) days in which to file an amended complaint and

either the filing fee or a motion to proceed in forma pauperis. (Doc. 10). Plaintiff

was again advised that failure to comply with the order would result in a

recommendation that this case be dismissed. The deadline passed with no response.

Accordingly, on March 30, 2011, the court ordered plaintiff to show cause

within fourteen (14) days why this case should not be dismissed for failure to comply

with an order of the court. (Doc. 12). Over fourteen days have passed, and plaintiff

has neither responded to the order to show cause, nor complied with the February 15,

2011 order. 

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.

Case No: 3:10cv390/LAC/CJK

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2. That the clerk be directed to close the file.

DONE AND ORDERED this 9th day of May, 2011.

 

/s/Charles J. Kahn, Jr.

CHARLES J. KAHN, JR.

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 hereof. 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 any objections shall be served upon any 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 (11 Cir. 1988). th

Case No: 3:10cv390/LAC/CJK

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