Opinion
No. CIV-05-1493-L.
February 22, 2006
REPORT AND RECOMMENDATION
Plaintiff, a state prisoner appearing pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on December 22, 2005. On December 29, 2005, the undersigned reviewed the file and entered an Order notifying Plaintiff that the documents filed on December 22, 2005, were deficient because the motion to proceed in forma pauperis had not been submitted and the Complaint was missing an original signature by the Plaintiff. The Plaintiff was ordered to cure these deficiencies by January 17, 2006, and advised that if the deficiencies were not cured, the Court would recommend the dismissal of the action without prejudice. On January 4, 2006, the Plaintiff filed the Complaint with an original signature attached. On February 1, 2006, Plaintiff was sua sponte granted an extension of time until February 21, 2006, to cure the remaining deficiency. As of this date, Plaintiff has failed to comply or file any further pleadings with the Court.
Plaintiff's lack of interest in complying with the Court's Order combined with the Court's attempt to manage and control its caseload warrant a dismissal of the Complaint without prejudice. Brandenburg v. Beaman, 632 F.2d 120, 122 (10th Cir. 1980) ( per curiam),cert. denied, 450 U.S. 984 (1981).
RECOMMENDATION
In view of the foregoing, the undersigned recommends that the action be dismissed without prejudice. The Plaintiff is advised of her right to file an objection to this Report and Recommendation with the Clerk of this Court by March 14, 2006, in accordance with 28 U.S.C. § 636 and LCvR 72.1. Plaintiff is further advised that failure to make timely objection to this Report and Recommendation waives her right to appellate review of both factual and legal issues contained herein. Moore v. United States of America, 950 F.2d 656 (10th Cir. 1991).
This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter.