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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

T E JURKOWICH,

Petitioner,

v. Case No. 3:10cv189/MCR/CJK

KENNETH S. TUCKER, 

Respondent.

___________________________________________________________________

REPORT AND RECOMMENDATION

This habeas case is before the Court upon referral from the Clerk. Petitioner

initiated this proceeding on June 1, 2010, by filing a petition for writ of habeas corpus

under 28 U.S.C. § 2254. (Doc. 1). After the Court determined that the petition was

a “mixed petition,” (doc. 25), petitioner filed an amended petition on September 16,

2011, removing his unexhausted claims. (Doc. 31). On December 19, 2011, the

Court issued an order requiring respondent to answer the amended petition. (Doc.

33). In response, respondent filed a “Motion for Order to Show Cause and Extension

of Time,” asserting that petitioner was released from the Department of Corrections’

custody on December 11, 2011; that petitioner wasthen arrested on a new charge and

confined at the Escambia County Jail; that petitioner was sentenced on the new

charge, completed his county jail time and was released from jail; and that as of

February 7, 2012, petitioner had not informed the Court or the respondent of his new

address. (Doc. 40). Respondent sought issuance of an order requiring petitioner to

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verify his new address and confirm his continued interest in prosecuting this case. 

(Id.). 

On February 13, 2012, the Court issued an order requiring petitioner to verify

his new address and to declare his continued interest in this case. (Doc. 42). 

Petitioner was provided twenty-one days to respond to the order and warned that

failure to do so would result in a recommendation that this case be dismissed. A copy

of the February 13, 2012 order was mailed to petitioner at his address of record (the

Escambia County Jail), as well as the release address indicated on the Escambia

County Jail’s website (1200 W. Leonard Street, Pensacola, Florida 32501, see doc.

40, ex. B). Both copies of the order were returned as undeliverable. (Docs. 44, 45). 

The deadline for complying with the order has passed, and petitioner has not

responded or notified the Court of his current address. 

Accordingly, it is respectfully RECOMMENDED:

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

failure to comply with an order of the Court and failure to keep the Court informed

of his current address.

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

At Pensacola, Florida this 9th day of April, 2012.

/s/Charles J. Kahn, Jr.

CHARLES J. KAHN, JR.

UNITEDSTATES MAGISTRATEJUDGE

Case No: 3:10cv189/MCR/CJK

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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: 3:10cv189/MCR/CJK

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