CURRY v. SMITH et al

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TEVIN B. CURRY,
Plaintiff,
v. 	Case No.: 3:26cv131/TWK/ZCB
KADEJA SMITH, et al.,
Defendants.
/
REPORT AND RECOMMENDATION
Plaintiff, proceeding pro se, commenced this action by filing a civil
rights complaint under 42 U.S.C. § 1983. 	(Doc. 1). 	On March 19, 2026,
the Court ordered Plaintiff to pay the initial partial filing fee within
twenty-one days. 	(Doc. 10). 	The Court notified Plaintiff that failure to
comply with the Court’s order would result in a recommendation of
dismissal of the case. (Id.).
Plaintiff did not pay the initial partial filing fee within the time
allowed. Therefore, on April 23, 2026, the Court ordered Plaintiff to show
cause, within fourteen days, why the case should not be dismissed for
failure to comply with an order of the Court. (Doc. 11). The Court again
notified Plaintiff that failure to comply with the Court’s order would
result in a recommendation of dismissal of the case. (Id.). The deadline
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for compliance with the show cause order has passed, and Plaintiff has
not paid the initial partial filing fee or otherwise responded. 	Dismissal
is, therefore, warranted. 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 the plaintiff 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).
Accordingly, it is respectfully RECOMMENDED that this case be
DISMISSED without prejudice for Plaintiff’s failure to comply with
an order of the Court.
At Pensacola, Florida, this 26th day of May 2026.
/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.
A 	party 	who 	fails 	to 	object 	to 	the 	magistrate 	judge’s 	findings 	or
recommendations contained in a report and recommendation waives the
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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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