Opinion
CIV-21-673-D
08-09-2021
GLEN FOLSOM, Plaintiff, v. STATE OF OKLAHOMA, et al., Defendants.
REPORT AND RECOMMENDATION
AMANDA MAXFIELD GREEN UNITED STATES MAGISTRATE JUDGE
Plaintiff, a state prisoner appearing pro se, filed a complaint alleging violation of his civil rights under 42 U.S.C. § 1983. (Doc. 1). United States Chief District Judge Timothy D. DeGiusti referred the matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). (Doc. 6). The undersigned found that Plaintiff failed to either pay the filing fee or submit a Motion for Leave to Proceed In Forma Pauperis (without prepayment of fees). (Doc. 7, at 1). The undersigned also found that Plaintiff's initiating document was not on the proper form and did not provide the court with the information required by the form and necessary to screen the complaint. (Id.) The undersigned ordered Plaintiff to cure these deficiencies on or before July 30, 2021. (Id. at 2). Plaintiff was advised that failure to comply with the Order to Cure could result in dismissal of his action. (Id.) The Clerk of Court mailed Plaintiff the forms necessary to comply with the Order. (Id.)
A review of the court file indicates that as of this date, the Plaintiff has failed to cure the deficiencies, show good cause for his failure to do so, or request an extension of time to comply with the court's order. In light of the court's right and responsibility to manage its cases, the undersigned finds that Plaintiff's failure to comply with the court's Order to Cure 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 and Notice of Right to Object
For the foregoing reasons, the undersigned recommends that this action be dismissed without prejudice for Plaintiff's failure to comply with the court's orders. Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of this Court by August 30, 2021, in accordance with 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b)(2). Failure to make timely objection to this Report and Recommendation waives his right to appellate review of both factual and legal issues contained herein. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991).
This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge unless and until the matter is re-referred.