3:25-cv-01507•BEN v. ESCAMBIA COUNTY CORRECTIONS et al
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JULIUS D. BEN, JR., Plaintiff, vs. Case No.: 3:25cv1507/AW/ZCB ESCAMBIA COUNTY CORRECTIONS, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff is a prisoner proceeding pro se in this civil rights action. On September 15, 2025, the Court granted Plaintiff’s motion to proceed in forma pauperis (Doc. 6), assessed an initial partial filing fee (IPFF) in the amount of $103.70 under 28 U.S.C. § 1915(b)(1), and directed Plaintiff to pay the IPFF within twenty-one days. (Doc. 7). The Court also instructed Plaintiff that his “[f]ailure to pay the initial partial filing fee as instructed may result in dismissal of this action.” (Id. at 4). Plaintiff did not pay the IPFF within the time allowed.1 Therefore, on January 29, 2026, the Court ordered Plaintiff to show cause, within 1 Plaintiff submitted a portion of the IPFF—$16.92—on October 20, 2025. (Doc. 9). Plaintiff later paid another $14.39 towards the IPFF on November 19, 2025. (Doc. 12). The Court sua sponte granted extensions to pay the remaining unpaid balance of the IPFF after each of these Case 3:25-cv-01507-AW-ZCB Document 17 Filed 02/23/26 Page 1 of 3
2 fourteen days, why the case should not be dismissed for his failure to comply with an order of the Court. (Doc. 15). The time for compliance with the show cause order has expired, and Plaintiff has neither responded to the order nor paid the remainder of the IPFF.2 Thus, dismissal is warranted.3 Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Plaintiff’s failure to comply with an order of the Court. See N.D. Fla. Loc. R. 41.1 (authorizing dismissal when “a party fails to comply with an applicable rule or court order”); see partial payments. (Docs. 10, 13). Plaintiff has neither submitted additional payments nor otherwise responded since the Court’s 60-day extension order on November 20, 2025. (Doc. 13). 2 Plaintiff also has not submitted his inmate account statements as previously ordered. (Doc. 13 at 2) (ordering Plaintiff to submit inmate account statements for October – December of 2025 if he did not pay the remaining balance of his IPFF). 3 The Court is aware that its most recent orders were returned as undeliverable. (See Docs. 14, 16). This does not excuse Plaintiff’s failure to comply with orders because it is his obligation to ensure the Court maintains an accurate mailing address. (Doc. 3 at 2-3). See Gilbert v. Daniels, 725 F. App’x 789, 792 (11th Cir. 2018) (affirming district court’s dismissal where plaintiff failed to update the court of his address change, which prevented him from complying with court orders); see also Washington v. Escambia Cnty. Jail, No. 3:22cv4842, 2022 WL 4486079, at *1-2 (N.D. Fla. June 6, 2022) (dismissing complaint where pro se plaintiff failed to pay an initial partial filing fee and failed to ensure the Court maintained his current mailing address), adopted, 2022 WL 4486984 (N.D. Fla. Sept. 27, 2022). Case 3:25-cv-01507-AW-ZCB Document 17 Filed 02/23/26 Page 2 of 3
3 also Frith v. Curry, 812 F. App’x 933, 935 (11th Cir. 2020) (affirming dismissal where prisoner failed to pay the initial partial filing fee and failed to respond to a magistrate judge’s order to show cause as to why the filing fee had not been paid). At Pensacola, Florida, this 23rd day of February 2026. /s/ 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. Case 3:25-cv-01507-AW-ZCB Document 17 Filed 02/23/26 Page 3 of 3
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