CHARLEY v. ESCAMBIA COUNTY JAIL et al

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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.
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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.
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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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