ARCE v. STATE OF FLORIDA

1
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
ARMANDO ARCE,
Plaintiff,
v. 	Case No.: 3:25cv1348/MCR/ZCB
STATE OF FLORIDA,
Defendant.
/
REPORT AND RECOMMENDATION
Plaintiff, proceeding 	pro se, commenced this action by filing a
complaint against the State of Florida. (Doc. 1). On October 9, 2025, the
Court entered an order directing Plaintiff to file an amended complaint
within fourteen days. 	(Doc. 10). 	The Court notified Plaintiff that his
failure 	to 	comply 	with 	an 	order 	of 	the 	Court 	would 	result 	in 	a
recommendation of dismissal of this case. (Id. at 8).
Plaintiff 	did 	not 	file 	an 	amended 	complaint 	by 	the 	deadline.
Therefore, on November 3, 2025, the Court issued an order giving
Plaintiff fourteen days to show cause why this case should not be
dismissed for his failure to comply with a Court order. 	(Doc. 14). 	The
Court notified Plaintiff that his failure to show cause would result in a
recommendation of dismissal of this case. 	(Id.). 	The deadline for
Case 3:25-cv-01348-MCR-ZCB Document 16 Filed 11/18/25 Page 1 of 3

2
compliance with the show cause order has passed, and Plaintiff has failed
to comply with the Court’s October 9, 2025 order.1
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
if a “party fails to comply with an applicable rule or a court order”); see
also Duong Thanh Ho v. Costello, 757 F. App’x 912, 914-15 (11th Cir.
2018) (affirming dismissal where pro se plaintiff failed to file an amended
complaint as directed).
At Pensacola, Florida, this 18th day of November 2025.
/s/
Zachary C. Bolitho
Zachary C. Bolitho
United States Magistrate Judge
1 While Plaintiff has filed other motions (Docs. 11, 12, 15), none of those
motions address the deficiencies raised in the Court’s October 9, 2025
order. 	Nor could they be fairly construed as an attempt to comply with
the Court’s October 9, 2025 order, as none of the filings are an amended
complaint or notice of voluntary dismissal.
Case 3:25-cv-01348-MCR-ZCB Document 16 Filed 11/18/25 Page 2 of 3

3
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-01348-MCR-ZCB Document 16 Filed 11/18/25 Page 3 of 3