LEIPHART
v.
CONLEY
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The court recommended dismissal of the case without prejudice due to the plaintiff's failure to comply with court orders.
The plaintiff, proceeding pro se, was ordered to supplement his motion to proceed in forma pauperis due to financial discrepancies. The plaintiff fail…
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discrepancies in Plaintiffs motion to proceed in forma pauperis (IFP) (Doc. 6)—ordered Plaintiff to supplement his IFP motion with certain information within fourteen days. (See Doc. 7). [fn 1] Plaintiff did not respond.
Therefore, on June 12, 2025, the Court ordered Plaintiff to show cause, within fourteen days, why this case should not be dismissed. (Doc. 8). The Court warned Plaintiff that his failure to comply with the show cause order would result in a recommendation of dismissal. (Id. at 2). The deadline to respond to the show cause order has expired, and Plaintiff has failed to respond or otherwise provide the information required to supplement his IFP motion.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Plaintiffs failure to comply with an order of the Court. See N.D. Fla. Loc. R. 41.1; see also Fed. R. Civ. P. 41(b) (authorizing dismissal if the “plaintiff fails . . . to comply with these rules or a court order”); Nails v. Savannah Plastic Surgery, No. CV421- 153, 2021 WL 5504766, at *1 (S.D. Ga. June 2, 2021), adopted, 2021 WL 5504768 (S.D. Ga. June 24, 2021) (dismissing complaint without prejudice where plaintiff failed to comply with the court's order to supplement IFP motion with additional information).
At Pensacola, Florida, this 30th day of June 2025.
Is Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge
Notice to the Parties
Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court's internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge's findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.
[fn 1]: These concerns are set out more fully in the Court's prior orders (see Docs. 7, 8) and in Case No. 3:25cv557/MCR/ZCB. They include, inter alia, Plaintiff claiming that he has $9,535 in monthly expenses but little to no source of income, pays $1,450 per month in utility expenses, and pays $4,205 in “non-covered” medical expenses. As previously noted, such issues raise concerns that Plaintiff has intentionally misrepresented his financial information under penalty of perjury. (See Doc. 7 at 2).