Opinion
CIVIL ACTION 09-00452-KD-B.
March 12, 2010
ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation that this action be dismissed for failure of plaintiff Mitchell Hicks to submit his motion to proceed without prepayment of fees and costs and his complaint on the Court's required forms (doc. 10). Plaintiff filed an objection in which he states that he has not received any orders from the Magistrate Judge or any forms from the Court. Plaintiff also claims that he previously submitted his complaint and motion to proceed without prepayment of fees on the required court form (doc. 11). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court.
This allegation is obviously inconsistent with his claim that he previously filed the court forms sent to him in conjunction with the July 27, 2009 order.
Accordingly, it is ORDERED that this action be and is hereby DISMISSED without prejudice for failure to prosecute and to obey the Court's Orders.
The Clerk is directed to again mail the Court's required forms for a complaint and motion to proceed without prepayment of fees and costs when mailing this order to the plaintiff.