Opinion
CIVIL ACTION NO. 2:14-CV-492-WHA [WO]
09-24-2014
LESLIE BROWNING, #262 967, Plaintiff, v. KIM TOBIAS THOMAS, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
On August 5, 2014, the court directed Plaintiff to show cause on or before August 12, 2014, why this case should not be dismissed for his failure to forward to the Clerk of Court an initial partial filing fee in the amount of $3.50 as directed by order entered July 8, 2014. Doc. No. 5. The order informed Plaintiff to advise the court whether he authorized prison officials to withdraw the funds from his prison account for payment of the initial partial filing fee, whether he simply had chosen not to submit the filing fee, or whether he was unable to comply at this time with the order directing payment of the initial partial filing fee. Id. Plaintiff was also cautioned that his failure to comply with the August 5 order would result in a Recommendation that his complaint be dismissed. Id. By order entered August 15, 2014, the court granted Plaintiff an extension to and including August 29, 2014, to comply with the August 5, 2014, show cause order. Doc. No. 8.
The requisite time has passed and Plaintiff has not provided the court with the initial partial filing fee nor has he responded to the court's August 5, 2014, order to show cause. Consequently, the court concludes that dismissal of this case is appropriate for Plaintiff's failures to prosecute this action and comply with the orders of the court.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to prosecute this action and comply with the orders of this court.
It is further
ORDERED that on or before October 8, 2014, Plaintiff may file an objection to the Recommendation. Any objection filed must specifically identify the findings in the Magistrate Judge's Recommendation to which Plaintiff objects. Frivolous, conclusive or general objections will not be considered by the District Court. Plaintiff is advised this Recommendation is not a final order and, therefore, it is not appealable.
Failure to file a written objection to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar a party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar a party from attacking on appeal factual findings in the Recommendation accepted or adopted by the District Court except upon the grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.
Done, this 24th day of September 2014.
/s/ Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE