Johnson v. State of Florida

• Court: District Court, M.D. Florida
• Decided: June 3, 2025
• Docket: 8:25-cv-00605
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

TERRACE JOHNSON,

Plaintiff,

v. Case No. 8:25-cv-605-MSS-LSG

STATE OF FLORIDA,

Defendant. /

REPORT AND RECOMMENDATION 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.

NDSAY S. GRIBF 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.