Opinion
CIVIL ACTION NO. 3:15-CV-316-MHT [WO]
09-22-2015
THOMAS BLACK, #159 440, Plaintiff, v. JUSTIN S. YOUNG, et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
On May 20, 2015, the undersigned directed Plaintiff to forward to the court an inmate account statement reflecting the average monthly balances and deposits to his prison account for the 6-month period immediately preceding the filing of this complaint to assist the court in determining whether he should be allowed to proceed in forma pauperis in this cause of action. Doc. No. 3. Plaintiff was cautioned that his failure to comply with the May 20 order would result in a Recommendation that his complaint be dismissed. Id. On June 25, 2015, the court granted' Plaintiff's request for additional time to comply with the order that he submit an inmate account statement. Doc. No. 7. The requisite time has passed and Plaintiff has not provided the court with his inmate account statement or otherwise responded to the court's May 20 order, as extended by order entered June 25, 2015. Consequently, the court concludes that dismissal of this case is appropriate for Plaintiff's failures to comply with the orders of the court and to prosecute this action.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be DISMISSED without prejudice for Plaintiff's failures to comply with the orders of this court and to prosecute this action.
It is further
ORDERED that on or before November 10, 2015, 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 recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon 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 22nd day of September 2015.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE