United States District Court, M.D. Florida, Fort Myers DivisionSep 17, 2004
Case No. 2:04-cv-355-FtM-29SPC (M.D. Fla. Sep. 17, 2004)

Case No. 2:04-cv-355-FtM-29SPC.

September 17, 2004


JOHN STEELE, District Judge

This matter comes before the Court on review of the file. On June 29, 2004, the Court entered an Order (Doc. #2) directing plaintiffs to pay the difference between the filing fee for a miscellaneous case and a civil case, or file an application to proceed in forma pauperis within twenty days. Plaintiffs were on notice that the case would be dismissed if the fee was not paid or an application was not filed. The time has now passed and no action has been taken by plaintiffs. The case will be dismissed for failure to prosecute.

Accordingly, it is now


1. Pursuant to the United States District Court, Middle District of Florida, Local Rule 3.10(a) and Fed.R.Civ.P. 41(b), this action is DISMISSED without prejudice. The Clerk of the Court shall enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure dismissing the case without prejudice.

2. The Clerk is further directed to terminate all previously scheduled deadlines and pending motions, and close the file.