Opinion
Case No. 1:15-cv-762
04-28-2016
DAVID TYRONE HILL, Plaintiff, v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al., Defendants.
Beckwith, J.
REPORT AND RECOMMENDATION
The instant action commenced when the plaintiff, an inmate at the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, filed a pro se complaint followed by an amended complaint against the Ohio Department of Rehabilitation and Correction (ODRC) and various ODRC and SOCF correctional officials and staff members. (See Docs. 1, 2). In response to a Deficiency Order issued December 17, 2015 (see Doc. 3), plaintiff also subsequently filed an application for leave to proceed in forma pauperis. (Doc. 9).
On January 29, 2016, the undersigned issued an Order and Report and Recommendation, which contained the recommendation to deny plaintiff's in forma pauperis application on the ground that plaintiff is a "three-striker" within the meaning of 28 U.S.C. § 1915(g). (See Doc. 10). Plaintiff filed objections to the recommendation and also attempted to appeal the undersigned's January 29, 2016 decision to the United States Court of Appeals for the Sixth Circuit. (See Docs. 11-13). On March 14, 2016, the Sixth Circuit dismissed the appeal (see Doc. 15), and on March 23, 2016, the District Court adopted the Report and Recommendation to deny plaintiff's application for leave to proceed in forma pauperis under the "three-strikes" provision set forth in § 1915(g) in the absence of any factual allegations that "might support a claim or a reasonable inference that [plaintiff] is facing imminent danger of serious physical injury." (See Doc. 16). The March 23, 2016 Order further provided that plaintiff "must pay the full $400.00 case filing fee within 30 days of the date of entry of this Order, or by April 25, 2016, in order to continue prosecuting this case." (Id., p. 2, at PAGEID#: 102). Plaintiff was expressly informed that "his failure to pay the full $400 fee within 30 days will result in the dismissal of this action." (Id.). Plaintiff has not paid the fee required to commence the action, and the deadline for doing so has passed.
Accordingly, because plaintiff has failed to comply with the Court's Order of March 23, 2016, it is hereby RECOMMENDED that the Court DISMISS this action for want of prosecution and DENY all pending motions filed by the plaintiff as moot.
IT is FURTHER RECOMMENDED that the Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997).
IT IS SO RECOMMENDED. Date: 4/28/16
/s/_________
Karen L. Litkovitz
United States Magistrate Judge
NOTICE
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to this Report & Recommendation ("R&R") within FOURTEEN (14) DAYS after being served with a copy thereof. That period may be extended further by the Court on timely motion by either side for an extension of time. All objections shall specify the portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law in support of the objections. A party shall respond to an opponent's objections within FOURTEEN DAYS after being served with a copy of those objections. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). cbc