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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

AYOKUNIE OSCEOLA KWANZAA,

Petitioner,

vs. Case No. 4:11cv221-WS/WCS

FLORIDA STATE HOSPITAL, et al.,

Respondents.

 /

REPORT AND RECOMMENDATION

This case has already been closed once for failure to prosecute. This should be

the final time it is closed.

A report and recommendation was entered when Petitioner failed to either pay

the $5.00 filing fee or submit a motion to proceed in forma pauperis, and also file an

amended § 2241 petition. Doc. 6. The case was dismissed on October 25, 2011. Doc.

7. Thereafter, Petitioner filed a motion for reconsideration, doc. 9, which was granted,

judgment was vacated, the case remanded to me, doc. 11, and Petitioner paid the filing

fee on November 8th. Doc. 12. Petitioner was then ordered on November 10th, to file

an amended petition. Doc. 13. Mail was returned to the court as undeliverable on

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November 21st, doc. 14, but Petitioner filed a notice of change of address on November

23, 2011. Doc. 15. The November 10th order was re-mailed to Petitioner on November

29th. Doc. 16. 

When Petitioner had not replied and filed an amended petition, an order to show

cause was entered on Deb 28, 2011. Doc. 17. Petitioner was required to show why

this case should not be dismissed for his failure to comply with a court order, and he

was simultaneously ordered to file the amended petition. That order advised that

"[a]bsent a showing of extraordinary circumstances, no further extensions of time will be

provided and this case will be dismissed if Petitioner fails to reply." Doc. 17. Petitioner

has failed to reply.

I note also that Petitioner's change of address, doc. 15, suggests that this case is

now moot. Petitioner was directed to address that issue, doc. 17, be he has not. 

Petitioner had initially sought discharged from the Florida State Hospital, doc. 1, p. 6,

and it appears that he has been released. However, Petitioner did not want to reside in

a group living facility, and it is unclear whether or not he has been provided the relief in

full that he requested. Because Petitioner has failed to respond and demonstrate his

desire to participate in this litigation, that issue remains unclear. His failure to respond

to the court order, however, suggests that Petitioner has abandoned this litigation,

whether moot or not. 

Case No. 4:11cv221-WS/WCS

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In light of the foregoing, it is respectfully RECOMMENDED that this action be

DISMISSED for failure to prosecute and because it appears that Petitioner has

abandoned this litigation. 

IN CHAMBERS at Tallahassee, Florida, on January 26, 2012.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv221-WS/WCS

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