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HEIM v. COMISSIONER OF SOCIAL SECURITY, 2:15-cv-677-FtM-99MRM. (2015)

Court: District Court, M.D. Florida Number: infdco20160112976 Visitors: 4
Filed: Dec. 21, 2015
Latest Update: Dec. 21, 2015
Summary: REPORT AND RECOMMENDATION MAC R. MCCOY , Magistrate Judge . TO THE UNITED STATES DISTRICT COURT This cause is before the Court on the Order (Doc. 7) entered on December 8, 2015. Plaintiff Robert Heim filed a Complaint (Doc. 1) on October 30, 2015. Plaintiff also filed an Affidavit of Indigency (Doc. 2) requesting that the Court permit him to proceed without prepaying the filing fee and costs. On November 3, 2015, the Court entered an Order (Doc. 3) denying without prejudice Plaintiff's re
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REPORT AND RECOMMENDATION

TO THE UNITED STATES DISTRICT COURT

This cause is before the Court on the Order (Doc. 7) entered on December 8, 2015. Plaintiff Robert Heim filed a Complaint (Doc. 1) on October 30, 2015. Plaintiff also filed an Affidavit of Indigency (Doc. 2) requesting that the Court permit him to proceed without prepaying the filing fee and costs. On November 3, 2015, the Court entered an Order (Doc. 3) denying without prejudice Plaintiff's request to proceed in forma pauperis, and requiring Plaintiff to file a more complete Affidavit of Indigency that included his salary at Goodwill Services and the amount of food stamps he was receiving. Plaintiff failed to respond to this Order.

Consequently, the Court entered an Order (Doc. 7) that required Plaintiff to show good cause why this action should not be dismissed for failure to file a more complete Affidavit of Indigency and for failure to comply with its prior Order (Doc. 3). The Court cautioned Plaintiff that if he failed to file a more complete Affidavit of Indigency within this deadline, the Court would recommend that this action be dismissed for failure to prosecute citing Local Rule 3.10. Plaintiff also failed to respond to this Order.

Pursuant to Local Rule 3.10(a), "[w]henever it appears that any case is not being diligently prosecuted the Court may, on motion of any party or on its own motion, enter an order to show cause why the case should not be dismissed, and if no satisfactory cause is shown, the case may be dismissed by the Court for want of prosecution." M.D. Fla. R. 3.10(a). Plaintiff failed to comply with two Orders of this Court. Additionally, Plaintiff failed to show good cause why this action should not be dismissed for failing to file a complete Affidavit of Indigency. Consequently, the Court finds that Plaintiff has failed to prosecute this action.

IT IS RESPECTFULLY RECOMMENDED:

This action be dismissed for failure to prosecute.

Source:  Leagle

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