From Casetext: Smarter Legal Research

Moore v. Ellis

United States District Court, Northern District of Florida
Jul 31, 2020
3:19cv4825/MCR/EMT (N.D. Fla. Jul. 31, 2020)

Opinion

3:19cv4825/MCR/EMT

07-31-2020

JOHN MOORE, III, Plaintiff, v. LIEUTENANT ELLIS, et al., Defendants.


REPORT AND RECOMMENDATION

ELIZABETH M. TIMOTHY, CHIEF UNITED STATES MAGISTRATE JUDGE

Plaintiff commenced this action by filing a civil rights complaint under 42 U.S.C. § 1983 (ECF No. 1). On January 30, 2020, the court ordered Plaintiff to file an amended complaint within thirty days (ECF No. 10). The court notified Plaintiff that his failure to comply with an order of the court would result in a recommendation of dismissal of this case (see id. at 14). At Plaintiff's request, the court extended to deadline to June 15, 2020 (see ECF Nos. 13, 14).

Plaintiff did not file an amended complaint by the deadline; therefore, on June 23, 2020, the court issued an order directing Plaintiff to show cause, within thirty days, why this case should not be dismissed for his failure to comply with an order of the court (see ECF No. 15). The deadline for compliance with the show cause order has passed, and Plaintiff has not responded.

Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Plaintiff's failure to comply with an order of the court.

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be filed within fourteen (14) 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. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party waives the right to challenge on appeal the district court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.


Summaries of

Moore v. Ellis

United States District Court, Northern District of Florida
Jul 31, 2020
3:19cv4825/MCR/EMT (N.D. Fla. Jul. 31, 2020)
Case details for

Moore v. Ellis

Case Details

Full title:JOHN MOORE, III, Plaintiff, v. LIEUTENANT ELLIS, et al., Defendants.

Court:United States District Court, Northern District of Florida

Date published: Jul 31, 2020

Citations

3:19cv4825/MCR/EMT (N.D. Fla. Jul. 31, 2020)

Citing Cases

Moore v. Hewitt

Defendants also seek dismissal on the basis that Plaintiff is a 3-striker barred from proceeding in forma…