3:25-cv-02156•AITKEN v. QUINN et al
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Page 1 of 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STEVEN M. AITKEN, Plaintiff, v. Case No. 3:25cv2156-LC-HTC WARDEN R. QUINN, et al., Defendants. ________________________________/ REPORT AND RECOMMENDATION Plaintiff Steven M. Aitken, a prisoner proceeding pro se, filed a civil rights complaint arising out of the conditions of his confinement at Santa Rosa Correctional Institute.1 Doc. 1. For the reasons set forth below, this case should be dismissed for failure to prosecute and for failure to comply with orders of the Court. On November 4, 2025, the Court directed Aitken to file a motion to proceed in forma pauperis and an amended complaint. Doc. 5. The Court advised him that failing to follow the Court’s Order could result in a recommendation that this case be dismissed. Id. After Aitken did not respond, the Court issued a show cause order on December 4, 2025, requiring him to show cause or comply with the November 4 1 Plaintiff initially filed the case in the Middle District of Florida and that court transferred the case to this District. Docs. 2 & 3. Case 3:25-cv-02156-LC-HTC Document 7 Filed 12/31/25 Page 1 of 3
Page 2 of 3 Case No. 3:25cv2156-LC-HTC order by December 18, 2025. Doc. 6. Aitken has not responded in any way to the November 4 and December 4 orders, and the time for doing so has passed. 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) (“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 for Plaintiff’s failure to prosecute and to comply with Court orders. 2. That the clerk close the file. At Pensacola, Florida, this 31 st day of December, 2025. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-02156-LC-HTC Document 7 Filed 12/31/25 Page 2 of 3
Page 3 of 3 Case No. 3:25cv2156-LC-HTC 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 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; 28 U.S.C. § 636. Case 3:25-cv-02156-LC-HTC Document 7 Filed 12/31/25 Page 3 of 3
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