UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

JOHN MOORE, III,

Plaintiff,

v. Case No. 4:24-cv-248-WS-MJF

FLORIDA DEPARTMENT OF CORRECTIONS, et al.,

Defendants.

/ REPORT AND RECOMMENDATION Plaintiff, a Florida prisoner proceeding pro se, initiated this lawsuit on June 2, 2024, by filing a civil rights complaint concerning an incident that occurred at the Franklin Correctional Institution on May 8, 2024. Doc. 1. Plaintiff’s complaint was not on the court-approved form and was not accompanied by the filing fee or a motion for leave to proceed in forma pauperis. On June 24, 2024, the undersigned ordered Plaintiff to file the following: (1) a notice of voluntary dismissal; or (2) an amended civil rights complaint on the Northern District’s form accompanied by the $405.00 filing fee or a complete application for leave to proceed in forma Page 1 of 3 pauperis. Doc. 5. The undersigned warned Plaintiff that failure to comply

with the order likely would result in this case being dismissed. Id. at 5. Plaintiff’s compliance deadline was August 8, 2024. Doc. 7. To date, Plaintiff has not complied with the order dated June 24, 2024, and has

not responded to the 14-day show-cause order entered on August 22, 2024. See Doc. 8. Based on the foregoing, the undersigned respectfully

RECOMMENDS that: 1. This action be DISMISSED without prejudice for Plaintiff’s failure to comply with court orders.1

2. The clerk of court be directed to close this case file. At Panama City, Florida, this 19th day of September, 2024.

/s/ Michael J. Frank Michael J. Frank United States Magistrate Judge

1 “Federal courts possess an inherent power to dismiss a complaint for failure to comply with a court order.” Foudy v. Indian River Cnty. Sheriff’s Off.,

(11th Cir. 2017) (citations omitted); N.D. Fla. Loc. R. 41.1 (authorizing the court to dismiss an action, or any claim within it, “[i]f a party fails to comply with an applicable rule or a court order”). Page 2 of 3 NOTICE TO THE PARTIES

The District Court referred this case to the undersigned to make recommendations regarding dispositive matters. See

(b)(1)(B), (C); Fed. R. Civ. P. 72(b). 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. A party must serve a copy of any objections on all other parties. A party who fails to object to this 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. R. 3-1;

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