Opinion
Case No. CIV-20-1038-R
11-17-2020
LADARRELLE R DIXON, Plaintiffs, v. LOVE'S TRAVEL SHOP COPPERATION OFFICE, et al., Defendants
REPORT AND RECOMMENDATION
Plaintiff has filed an Application (Motion) for Leave to Proceed In Forma Pauperis. (ECF No. 2). Pursuant to the Order (ECF No. 3) entered by United States District Judge David L. Russell the Motion has been referred to the undersigned magistrate judge for disposition. In accordance with that referral, the undersigned entered an Order advising the Plaintiff that the Application was incomplete and therefore deficient. See ECF No. 4. Because the Application was incomplete, Plaintiff was directed to file an amended application that more fully addressed the deficiencies. Plaintiff was given until November 6, 2020 to cure the deficiencies designated.
To date, Plaintiff has neither complied with the Order nor offered any explanation for his failure to do so. In fact, Plaintiff has failed to respond to the Court's Order in any way. Further, there is no indication from the docket that Plaintiff did not receive the Court's previous Order which was mailed to Plaintiff's address of record. See ECF No. 4 and Staff notes dated 10/20/2020; LCvR 5.4(a).
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 Order. Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by December 4, 2020 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 November 17, 2020.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE