Opinion
2:23-CV-659-TL-DWC
06-21-2023
MARKIENA DESHANE BRADY-DAVIS, Plaintiff, v. KING COUNTY CORRECTIONAL FACILITY, et al., Defendants.
REPORT AND RECOMMENDATION
DAVID W. CHRISTEL, CHIEF UNITED STATES MAGISTRATE JUDGE
The District Court has referred this 42 U.S.C. § 1983 action to United States Magistrate Judge David W. Christel. Plaintiff Markiena Deshane Brady-Davis, proceeding pro se, filed a proposed complaint and application to proceed in forma pauperis (IFP) on May 4, 2023. Dkts. 1, 1-1. Plaintiff's application to proceed IFP was incomplete - it was missing the second page and did not include a prison trust account statement. See Dkt. 1. On May 8, 2023, the Clerk of Court sent Plaintiff a letter directing him to either pay the filing fee or submit an application to proceed IFP and prison trust account statement. Dkt. 2. The Clerk enclosed an IFP form for Plaintiff's convenience. Id. In addition, the Clerk warned Plaintiff that if he did not provide the requested documents by June 7, 2023, this action could be subject to dismissal. Id.
Plaintiff has not paid the filing fee or filed a complete application to proceed IFP. Therefore, the Court recommends this case be dismissed without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed to set the matter for consideration on July 7, 2023, as noted in the caption.