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CONTRERAS v. SAINT JOHNS COUNTY SCHOOL BOARD

United States District Court, M.D. Florida, Jacksonville Division.
Jul 1, 2005
REPORT AND RECOMMENDATION

Specific, written objections may be filed in accordance with 28 U.S.C. ยง 636 and Rule 6.02, Local Rules, United States District Court, Middle District of Florida, within ten (10) days after service of this document. Failure to file timely objections shall bar the party from a de novo determination by a district judge and from attacking factual findings on appeal.

MARCIA HOWARD, Magistrate Judge

This cause is before the Court on Plaintiff's Affidavit of Indigency (Dkt. No. 2; Affidavit) filed on May 19, 2005, which was construed as a motion for leave to proceed in forma pauperis. Upon review of the file, the undersigned recommends that this case be dismissed for failure to prosecute.

Upon review of Plaintiff's Affidavit, this Court entered an Order directing Plaintiff to provide additional information regarding her financial condition. See Order (Dkt. No. 5; Order). Plaintiff was cautioned that failure to file the additional information requested would "result in a recommendation that the request to proceed in forma pauperis be denied." Id. at 3. When Plaintiff failed to respond to this Order, the Court entered an Order to Show Cause on June 14, 2005. See Order to Show Cause (Dkt. No. 6; Order to Show Cause). Plaintiff had until June 27, 2005 to show cause why the case should not be dismissed for failure to comply with the Court's previous Order and for failure to prosecute. See id. at 1-2. Plaintiff was again cautioned that if she did not respond to the Order to Show Cause, the Court would "recommend that this action be dismissed pursuant to Local Rule 3.10(a)."Id. at 2. As of this date, Plaintiff still has not complied with the Court's Order or responded to the Order to Show Cause.

RECOMMENDATION

Accordingly, it is recommended that this action be DISMISSED without prejudice pursuant to Local Rule 3.10(a), United States District Court, Middle District of Florida, for want of prosecution.