Opinion
NO: 3:15CV00026 DPM/JWC
03-06-2015
NICHOLAS CORTEZ ADDISON PLAINTIFF v. DOES et al. DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATIONS
INSTRUCTIONS
The following recommended disposition has been sent to United States District Judge D.P. Marshall Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. Your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations.
Mail your objections to:
Clerk, United States District Court
Eastern District of Arkansas
600 West Capitol Avenue, Suite A149
Little Rock, AR 72201-3325
DISPOSITION
Plaintiff Nicholas Cortez Addison filed a pro se complaint on January 26, 2015. Plaintiff did not pay the $400.00 filing and administrative fees, or file an application for leave to proceed in forma pauperis. On January 28, 2015, the Court entered an order directing Plaintiff to pay the filing and administrative fees or file an application for leave to proceed in forma paupers, and to also file an amended complaint (docket entry #2). That order also warned Plaintiff that his failure to comply within 30 days could result in the recommended dismissal of his complaint. More than 30 days have passed, and Plaintiff has not paid the filing and administrative fees, filed an application for leave to proceed in forma pauperis, filed an amended complaint, or otherwise responded to the order. Additionally, mail sent to Plaintiff's address of record has been returned as undeliverable (docket entries #3-#5). Under these circumstances, Plaintiff's complaint should be dismissed for failure to pay the filing fee, comply with Local Rule 5.5(c)(2), and for failure to respond to the Court's order. See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (District courts have inherent power to dismiss sua sponte a case for failure to prosecute, and exercise of that power is reviewed for abuse of discretion).
IT IS THEREFORE RECOMMENDED THAT:
1. Plaintiff's complaint be DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2), and for failure to respond to the Court's order.
2. The Court certify that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith.
DATED this 6th day of March, 2015.
/s/_________
UNITED STATES MAGISTRATE JUDGE