Opinion
Case No. CIV-18-617-SLP
07-27-2018
JAMES LACONIA DAVIS, Plaintiff, v. FBI, et al., Defendants.
REPORT AND RECOMMENDATION
Plaintiff, a prisoner appearing pro se, has filed this action under 42 U.S.C. § 1983 alleging various violations of his constitutional rights. United States District Judge Scott L. Palk has referred the matter to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). In accordance with that referral, the undersigned found that the Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 2) was missing the required financial information and/or signature of authorized officer of penal institution and a certified copy of Plaintiff's institutional account statement for the six-month period immediately preceding its filing. An Order directed Plaintiff to cure these deficiencies on or before July 11, 2018. Plaintiff was further advised that failure to comply with the Order could result in dismissal of his action. See ECF No. 5.
On July 11, 2018, the Plaintiff submitted a copy of his institutional account statement for the six-month period immediately preceding this filing, but failed to obtain the required financial information and/or signature of authorized officer of penal institution. See ECF No. 6. The Court entered a second Order (ECF No. 7) requiring that the Plaintiff provide the necessary financial information and/or signature of authorized officer of penal institution. The deadline to cure was August 1, 2018.
On July 24, 2018 the Plaintiff submitted the required form, however he had filled in the information showing "$37.7 Billion" as a balance in his prisoner's account(s) and in the signature block under authorized prison official and title has inserted "President signature: Donald Trump . . . President of the United States of America." See ECF No. 8.
The undersigned finds that Plaintiff's failure to comply with the Court's Order, in light of the Court's right and responsibility to manage its cases, warrants dismissal of this action without prejudice. See Nasious v. Two Unknown B.I.C.E. Agents at Arapahoe County Justice Center, 492 F.3d 1158, 1161 n.2, 1162 (10th Cir. 2007) (sua sponte dismissal for failure to comply with Court's orders permitted under federal rules, and court need not follow any particular procedures in dismissing actions without prejudice for failure to comply).
RECOMMENDATION
Based on the foregoing findings, it is recommended that this action be DISMISSED WITHOUT PREJUDICE for Plaintiff's failure to comply with this Court's orders. Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by August 14, 2018, in accordance with 28 U.S.C. §636 and Fed. R. Civ. P. 72. Plaintiff is further advised that any failure to make timely objection to this Report and Recommendation waives the right to appellate review of the factual and legal issues addressed herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter.
ENTERED on July 27, 2018.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE