MCCLELLAN v. BULLARD et al

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JASON MCCLELLAN,
Plaintiff,
v. 	Case No. 5:26cv34-MCR-HTC
BULLARD, et al.,
Defendants.
_____________________/
REPORT AND RECOMMENDATION
On February 3, 2026, the Court ordered Plaintiff Jason McClellan to, within
twenty-one days: (1) file either a notice of voluntary dismissal or an amended
complaint on the Northern District of Florida’s complaint form; and (2) either pay
the $405 filing fee or file a complete application to proceed in forma pauperis. Doc.
4. The Court warned McClellan that his failure to comply with the February 3 Order
could result in a recommendation that this case be dismissed. After McClellan failed
to comply within the allotted time, the Court ordered him on March 4, 2026, to show
cause within fourteen days why this case should not be dismissed due to his failure
to comply with the February 3 Order. Doc. 5.
To date, McClellan has not responded to the March 4 Order or complied with
the February 3 Order. Based on the foregoing, dismissal of this case is appropriate.
See Brown v. Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th Cir. 2006)
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Case No. 5:26cv34-MCR-HTC
(“The court may dismiss an action sua sponte under [Federal Rule of Civil Procedure
41(b)] for failure to prosecute or failure to obey a court order.”) (citations omitted);
Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (“[D]ismissal upon disregard
of an order, especially where the litigant has been forewarned, generally is not an
abuse of discretion.”) (citations omitted).
Accordingly, it is RECOMMENDED:
1. 	That this case be DISMISSED without prejudice due to McClellan’s
failure to prosecute and failure to comply with Court orders.
2. 	That the clerk close the file.
At Pensacola, Florida, this 25 th day of March, 2026.
/s/ Hope Thai Cannon
HOPE THAI CANNON
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within
fourteen (14) 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 its objections upon
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 the unobjected-to factual and
legal conclusions. See 11th Cir. Rule 3-1.
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