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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

TERRANCE D. DAVIS,

Plaintiff,

vs. Case No.: 3:10cv370/RV/MD

SANTA ROSA COUNTY JAIL, et al.,

Defendants.

_____________________________________________________________________

REPORT AND RECOMMENDATION

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

commenced this civil rights action on September 24, 2010, by filing a complaint

under 42 U.S.C. § 1983 (doc. 1), and a motion to proceed in forma pauperis (doc. 2). 

Because plaintiff’s application to proceed in forma pauperis was deficient, this court

entered an order on October 5, 2010 directing plaintiff to pay the $350.00 filing fee

within twenty-eight days or correct the deficiency in his in forma pauperis

application by filing a copy of his inmate trust account statement for the period

March 24, 2010 through September 24, 2010. (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 5, 2010 order was mailed to plaintiff at his address of

record, the Santa Rosa County Jail. However, on October 8, 2010 it was returned as

undeliverable marked, “Return to Sender,” indicating plaintiff was no longer at that

address. (Doc. 5). On its own initiative, the court obtained plaintiff’s address upon

release and, on November 8, 2010, re-mailed a copy of the order to plaintiff at that
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address. (Doc. 6). That copy of the order was not returned. However, plaintiff still 1

did not respond to the order even though another twenty-eight days elapsed. 

Accordingly, onDecember 2, 2010, the court issued an order requiring plaintiff

to demonstrate his continued interest in this case by paying the $350.00 filing fee or

submitting a new application to proceed in forma pauperis on the court form for use

by non-prisoners. (Doc. 7). Plaintiff was given fourteen days in which to comply

with the order and warned that failure to do so would result in a recommendation

that this case be dismissed, without further notice. That deadline has passed, and

plaintiff has not responded. 

Accordingly, it is respectfully RECOMMENDED:

1. That this cause be DISMISSED WITHOUT PREJUDICE for plaintiff’s failure

to comply with an order of the court and failure to prosecute this action.

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

At Pensacola, Florida, this 22 day of December, 2010. nd

 /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 (11 Cir. 1988). th

The Santa Rosa County Sheriff’s Office online Inmate Search service indicates plaintiff’s

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stated residence upon release as P.O. Box 3949, Pensacola, FL 32516. See

http://portal.srso.net/smartweb/jail.aspx.

Case No: 3:10cv370/RV/MD