Opinion
Civil Action No. 1:19cv3
06-19-2019
MICHAEL RAY FORTUNA, Plaintiff, v. FEDERAL BUREAU OF PRISONS; MRS. CORBIN, Physical Assistant; MRS. JANE DOE, Medical Administrator; MR. JOHN DOE, Warden at FCI Morgantown; MRS. SHAFFER, C.O.; and JOHN or JANE DOE, Doctor, Defendants.
( ) ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 10]
On January 2, 2019, the pro se Plaintiff filed this Bivens civil rights matter, along with a Motion for Leave to Proceed in forma pauperis ("IFP"), together with a Prisoner Trust Account Report, ledger sheets, and a consent to collection of fees from trust account [Dkt. Nos. 1, 2, 3, 4]. At the time he filed his Complaint, pro se Plaintiff's Prisoner Trust Account Report indicates that he had an account balance of $8,011.86; his average monthly deposits for the six months preceding the filing of the Complaint were $201.86 per month; and he receives regular Western Union money orders several times each month [Dkt. No. 3, 3-1].
This matter was referred to Magistrate Judge Michael J. Aloi, who issued a Report and Recommendation that the Application to Proceed without Prepayment of Fees be Denied ("R&R") on February 26, 2019 [Dkt. No. 10]. The R&R found that the pro se Plaintiff has sufficient funds to pay the $400.00 filing fee [Id.]. The magistrate judge determined that the request to proceed without prepayment of fees [Dkt. No. 2] should be denied, and the pro se Plaintiff should be ordered to pay the full filing fee [Dkt. No. 10 at 1]. The R&R also warned pro se Plaintiff that "the failure to pay the full filing fee within the time allowed by the Court will result in the dismissal of his complaint" [Id. at 1-2]. The R&R notified pro se Plaintiff that he had fourteen (14) days and three (3) days (for mailing/service) from the date the R&R was filed within which to file specific objections to the R&R, together with the basis for each objection [Dkt. No. 10 at 2]. The time period for specific objections has expired, and no objections to the magistrate judge's R&R were filed.
The Court sent the magistrate judge's R&R to pro se Plaintiff by certified mail to the address on file [Dkt. No. 11]. Plaintiff filed two Notices of Change of Address, one on January 14, 2019 [Dkt. No. 9], before the issuance of the R&R, and one on June 10, 2019 [Dkt. No. 12]. The most recent notice [Dkt. No. 12] indicates that pro se Plaintiff's address is Michael Fortuna #11027-088, FCI Gilmer Camp, P.O. Box 6000, Glenville, WV 26351 [Id.]. No items have been returned to the Court as undeliverable despite pro se Plaintiff's change of address.
Consequently, because no objections were filed, the Court finds no clear error with the magistrate judge's findings, ADOPTS the Report and Recommendation in its entirety [Dkt. No. 10], and ORDERS that Plaintiff's request to proceed without prepayment of fees [Dkt. No. 2] be DENIED. The Court further ORDERS that pro se Plaintiff pay the full filing fee in this matter.
It is so ORDERED.
The Court directs the Clerk to mail a copy of this Order to the pro se Plaintiff at Michael Fortuna #11027-088, FCI Gilmer Camp, P.O. Box 6000, Glenville, WV 26351, by certified mail, return receipt requested. DATED: June 19, 2019
/s/ Thomas S. Kleeh
THOMAS S. KLEEH
UNITED STATES DISTRICT JUDGE