Opinion
Case No. 3:19-cv-05321-BHS-TLF
07-02-2019
ANTWONE DORNELL GOOLSBY, SR., Plaintiff, v. JOHN CAMPBELL, et al., Defendants.
REPORT AND RECOMMENDATION NOTED: JULY 16, 2019
Plaintiff filed an application for leave to proceed in forma pauperis (IFP) and a proposed civil rights complaint under 42 U.S.C. § 1983 (Dkt. 1). To file a complaint and initiate legal proceedings plaintiff must pay a Court filing fee of $400.00 or file a proper IFP application. Local Civil Rule 3(b), (c).
Plaintiff filed his application and proposed complaint on April 19, 2019. Dkt. 1. On April 22, the Clerk's Office sent plaintiff a letter informing plaintiff that his application was deficient—namely that it did not include a certified copy of the prison trust account statement showing transactions for the last six months—and giving plaintiff until May 22, 2019, to provide either the filing fee or a complete IFP application. Dkt. 3. On May 23, the Court ordered that Plaintiff show cause why the complaint should not be dismissed and to seek to cure the deficiency by no later than June 21, 2019. Dkt. 4.
To date, plaintiff has not paid the filing fee or filed a proper IFP application. Accordingly the undersigned recommends that the Court DISMISS the complaint without prejudice for failure to prosecute.
The parties have fourteen (14) days from service of this Report and Recommendation to file written objections thereto. 28 U.S.C. § 636(b)(1): FRCP 6; FRCP 72(b). Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating this time limitation, this matter shall be set her consideration on July 16, 2019 as noted in the caption.
Dated this 2nd day of July, 2019.
/s/_________
Theresa L. Fricke
United States Magistrate Judge