3:25-cv-01348•ARCE v. STATE OF FLORIDA
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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
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