JOHNSON
v.
STATE OF FLORIDA
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Pro se plaintiff Johnson filed a motion to proceed in forma pauperis but failed to file a complaint despite a court order requiring him to do so by May 30, 2025. A magistrate judge recommends dismissing the case without prejudice for failure to prosecute and denying the in forma pauperis motion.
The court recommends denying the motion to proceed in forma pauperis, dismissing the case without prejudice for failure to prosecute, and terminating all pending motions and closing the case, because a complaint is necessary to commence a civil action and the plaintiff failed to comply with the court's order.
[1] A civil action is commenced by filing a complaint with the court.
[2] A plaintiff must file a complaint to proceed with a civil action.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A civil action is commenced by filing a complaint with the court.”
Establishes the threshold requirement under Federal Rule of Civil Procedure 3 that a complaint must be filed to initiate a civil action
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Join FLexlaw to unlock all legal intelligencePlaintiff Terrace Johnson, proceeding pro se, filed a motion to proceed in forma pauperis. On May 14, 2025, the court ordered Johnson to file a compla…
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The pro se plaintiff Terrace Johnson moves to proceed in forma pauperis, Doc. 1, but files no complaint. A May 14, 2025, order required the plaintiff to file a complaint by May 30, 2025, and instructed the plaintiff that if he “wishes to proceed with a civil action, the plaintiff must file a complaint[.]" Doc. 2. The plaintiff fails to comply or otherwise prosecute this case. The filing of a complaint is necessary to proceed in this civil action and for the Court to evaluate whether the plaintiff may proceed in forma pauperis. See FED. R. CIV. P. 3 (“A civil action is commenced by filing a complaint with the court."); 28 U.S.C. § 1915(e)(2)(B).
Thus, I recommend (1) denying the plaintiff's motion to proceed in forma pauperis, Doc. 1; (2) dismissing this case without prejudice for failure to prosecute; and (3) directing the Clerk to terminate any pending motion and close the case. See Owens v. Pinellas Cnty. Sheriff's Dep't, 331 F. App’x 654, 656 (11th Cir. 2009)
("Pursuant to Fed. R. Civ. P. 41(b), a district court may sua sponte dismiss a plaintiff's action for failure to comply with the rules or any order of the court.").
REPORTED in Tampa, Florida, on this 3rd day of June 2025.
LINDSAY S. GRIFFIN United States Magistrate Judge
NOTICE TO PARTIES
A party has fourteen days from today to file written objections to the report and recommendation's factual findings and legal conclusions. A party's failure to file written objections waives the party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the report and recommendation. See 11th Cir. R. 3-1. To expedite resolution, parties may file a joint notice waiving the objection period.
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