Opinion
CIVIL 3:23-CV-01397
11-30-2023
SHARESE EASTERLING, Plaintiff, v. HOUSING AUTHORITY, et al., Defendants.
Mannion, Judge
REPORT AND RECOMMENDATION
Susan E. Schwab, United States Magistrate Judge
On August 22, 2023, the plaintiff, Sharese Easterling (“Easterling”) initiated this case pro se by filing a complaint. Doc. 1. Along with this complaint, Easterling filed a motion for leave to proceed in forma pauperis. Doc. 2. Because this form motion was not fully completed, and lacking critical information, we denied this motion and gave the plaintiff leave to file a fully completed motion for leave to proceed in forma pauperis on or before October 5, 2023. Doc. 5. After this date passed and Easterling failed to file a fully completed motion for leave to proceed in forma pauperis or pay the filing fee, on October 16, 2023, we issued an order requiring Easterling to show cause by November 6, 2023, why the action should not be dismissed. Doc. 6. We warned Easterling that failure to show cause may lead this court to recommend the dismissal of this lawsuit due to abandonment. Id. Easterling did not respond to the show-cause order.
In sum, Easterling has neither paid the filing fee nor filed a properly completed application to proceed in forma pauperis. And we warned her that failure to do so, or otherwise to contact the court regarding her case status, we would recommend that the case be dismissed. Because Easterling has not paid the filing fee or filed a properly completed application to proceed in forma pauperis, we recommend that the court dismiss this action.
The Parties are further placed on notice that pursuant to Local Rule 72.3:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.