Opinion
Case No.: 5:21cv28/TKW/EMT
03-12-2021
MARCUS JONES, Petitioner, v. MARK S. INCH, Respondent.
REPORT AND RECOMMENDATION
Petitioner filed a Motion for Extension of Time as his initial pleading (ECF No. 1). Petitioner stated he intended to file a habeas petition under 28 U.S.C. § 2254, but had been unable to do so due to an institutional transfer and restrictions on access to the law library in response to the COVID-19 pandemic (id.). Petitioner requested that the court grant him a 90-day extension of time to file a habeas petition (id.).
On February 2, 2021, the court issued an order notifying Petitioner that a federal habeas case begins with the filing of a petition for a writ of habeas corpus, as distinguished from other filings by the applicant (see ECF No. 3). The court advised Petitioner that until an actual habeas petition was filed, the court lacked jurisdiction to consider his request for tolling of the one-year federal limitations period for filing a § 2254 petition (id.). The court directed the clerk of court to send Petitioner the § 2254 petition form, so that he could file a § 2254 petition (id.). The court directed Petitioner to file a § 2254 petition on the court form and either pay the $5.00 filing fee or file a motion to proceed in forma pauperis (id. at 4). The court expressly warned Petitioner, "If Petitioner fails to timely comply with this order within thirty days of its issuance, the undersigned will recommend that this case be dismissed for failure to comply with an order of the court." (id.).
The thirty-day deadline has passed, and Petitioner has not responded to the court's order in any manner or filed anything with the court.
Accordingly, it is respectfully RECOMMENDED that this case be DISMISSED without prejudice for Petitioner's failure to comply with an order of the court.
At Pensacola, Florida, this 12th day of March 2021.
/s/ Elizabeth M. Timothy
ELIZABETH M. TIMOTHY
CHIEF UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within fourteen (14) days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only and does not control. A copy of objections shall be served upon all other parties. If a party fails to object to the magistrate judge's findings or recommendations as to any particular claim or issue contained in a report and recommendation, that party 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.