SULLIVAN v. SMITH

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

TREVOR JAMES SULLIVAN,

Plaintiff,

v. Case No. 3:24cv441-TKW-HTC

PHILLIP SMITH, et al.,

Defendants.

___________________________/

ORDER and

REPORT AND RECOMMENDATION

Plaintiff Trevor James Sullivan, proceeding pro se, initiated this action on or

around September 16, 2024, by filing a handwritten civil rights complaint under 42

U.S.C. § 1983. Doc. 1. The complaint was not on the Court’s required form, and it

was not accompanied by either the $405 filing fee or a motion to proceed in forma

pauperis. Thus, on September 17, the Court ordered Sullivan to correct those

deficiencies by October 8 and informed him a complete application to proceed in

forma pauperis includes: (1) a motion; (2) an affidavit; (3) a consent form signed by

Sullivan; (4) a financial certificate signed by an authorized prison official; and (5) a

printout of the transactions in Sullivan’s inmate trust account for the six months

preceding the filing of the complaint. Doc. 3.

Sullivan did not comply with the September 17 Order by October 8. The

Court, therefore, ordered him on October 15 to show cause within fourteen days why

this case should not be dismissed. Doc. 4. Sullivan subsequently filed a letter stating

he did not receive the September 17 Order. Doc. 5. The Court construed the letter

as a motion for extension of time, granted it, sent Sullivan a copy of the September

17 Order, and extended the deadline for him to comply to November 19, 2024. Doc.

6.

On or around November 15, Sullivan submitted an amended complaint, Doc.

7, and a motion to proceed in forma pauperis, Doc. 8. However, the motion was

deficient because it did not include a 6-month account statement. Thus, the Court

deferred ruling on the motion, told Sullivan to submit the account statement by

December 9, and warned him that his failure to do so would result in a

recommendation that this case be dismissed.

Nevertheless, to date, Sullivan has not submitted the 6-month account

statement or otherwise communicated with the Court. In addition, the Santa Rosa

County Jail’s website1 shows Sullivan was released from custody on December 3,

2024. Despite repeatedly ordering Sullivan to, within seven days, inform the Court

of any changes to his address, Docs. 3, 4, 6, 9, he has not done so. Based on the

foregoing, dismissal of this case is appropriate. See Brown v. Tallahassee Police

1 http://jailview.srso.net/SmartWebClient/jail.aspx

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 ORDERED:

1. The Clerk shall mail a courtesy copy of this Report and

Recommendation to Sullivan at 6255 Brigadier Road, Milton, Florida 32570.

And it is RECOMMENDED:

1. That this case be DISMISSED WITHOUT PREJUDICE due to

Sullivan’s failure to comply with Court orders.

2. That the Clerk close the file.

At Pensacola, Florida, this 16th day of December, 2024.

/s/ Hope Thai Cannon

HOPE THAI CANNON

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be filed within

fourteen (14) 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.