Opinion
Case No. CIV-20-247-D
04-10-2020
JOSE REYES GONZALEZ, Petitioner, v. NORTHERN DISTRICT OF OKLAHOMA, Respondent.
REPORT AND RECOMMENDATION
Petitioner, a prisoner appearing pro se, has filed a Petition for Writ of Habeas Corpus, (ECF No. 1) and a Motion for Leave to Proceed In Forma Pauperis (ECF No. 2). Chief United States District Judge Timothy D. DeGiusti 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 reviewed the pleadings filed by Petitioner and entered an Order (ECF No. 5), notifying Petitioner the motion was not on the proper form and was deficient because it was (1) missing the financial information required by 28 U.S.C. 1915 (a)(1), (2) an original signature of an authorized officer of the penal institution and (3) a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined. The Petitioner was ordered to cure these deficiencies by April 6, 2020, and advised that if the deficiencies were not cured, the undersigned would recommend dismissal of the action without prejudice.
A review of the Court's records indicates that the Petitioner has failed to comply with the Order or file any further pleadings with the Court.
The undersigned finds that Petitioner'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 Petitioner's failure to comply with this Court's orders. Petitioner is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by April 27, 2020, in accordance with 28 U.S.C. § 636 and Federal Rules of Civil Procedure 72. Petitioner 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 terminates the referral to the undersigned magistrate judge unless and until the matter is re-referred.
ENTERED on April 10, 2020.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE