OSWALD v. MORGAN et al

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
CORY NOLE OSWALD,
Plaintiff,
vs. 	Case No.: 3:26cv326/AW/ZCB
DAVID MORGAN, et al.,
Defendant.
/
REPORT AND RECOMMENDATION
Plaintiff, proceeding pro se, commenced this action by filing a civil
rights complaint under 42 U.S.C. § 1983. (Doc. 1). On January 22, 2026,
the Court denied Plaintiff’s motion to proceed in forma pauperis and
ordered Plaintiff to either pay the $405.00 filing fee or file a properly
completed in forma pauperis (IFP) motion within twenty-one days. (Doc.
4). The Court directed the Clerk of Court to send Plaintiff the correct set
of IFP forms and notified Plaintiff that failure to comply with the Court’s
order would result in a recommendation of dismissal of the case. (Id.).
Plaintiff did not file an IFP motion or pay the filing fee within the
time allowed. 	Therefore, on March 5, 2026, the Court ordered Plaintiff
to 	show 	cause, 	within 	fourteen 	days, 	why 	the 	case 	should 	not 	be
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dismissed for failure to comply with an order of the court. (Doc. 5). The
Court again notified Plaintiff that failure to comply with the Court’s
order would result in a recommendation of dismissal of the case. 	(Id.).
The deadline for compliance with the show cause order has passed, and
Plaintiff has not paid the filing fee, filed an IFP motion, or otherwise
responded. Dismissal is, therefore, warranted. 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 the plaintiff 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).
Accordingly, it is respectfully RECOMMENDED that this case be
DISMISSED without prejudice for Plaintiff’s failure to comply with
an order of the Court.
At Pensacola, Florida, this 27th day of March 2026.
/s/ Zachary C. Bolitho
Zachary C. Bolitho
United States Magistrate Judge
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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.
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