3:25-cv-01605•CHARLEY v. ESCAMBIA COUNTY JAIL et al
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION GERRARD PATRICK CHARLEY, Plaintiff, vs. Case No.: 3:25cv1605/LC/ZCB ESCAMBIA COUNTY JAIL, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff is a prisoner proceeding pro se in this civil rights action. On September 23, 2025, the Court granted Plaintiff’s motion to proceed in forma pauperis (Doc. 7), assessed an initial partial filing fee (IPFF) in the amount of $90.56 under 28 U.S.C. § 1915(b)(1), and directed Plaintiff to pay the IPFF within twenty-one days. (Doc. 8). 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 December 3, 2025, the Court ordered Plaintiff to show cause, within 1 Plaintiff submitted a portion of the IPFF—$34.35—on October 20, 2025. (Doc. 9). Accordingly, on October 21, 2025, the Court sua sponte granted Plaintiff an additional thirty days to pay the remaining balance of $56.21. (Doc. 10). Plaintiff has neither submitted additional payments nor otherwise responded since the Court’s extension order. Case 3:25-cv-01605-LC-ZCB Document 13 Filed 12/30/25 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. 12). 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. 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 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 30th day of December 2025. /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. Case 3:25-cv-01605-LC-ZCB Document 13 Filed 12/30/25 Page 2 of 3
3 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-01605-LC-ZCB Document 13 Filed 12/30/25 Page 3 of 3
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