Opinion
21-1053-JDT-jay
08-24-2021
TYLER HINES, Plaintiff, v. BLUE CROSS BLUE SHIELD, ET AL., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS CASE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS
JAMES D. TODD UNITED STATES DISTRICT JUDGE
Plaintiff Tyler Hines, a resident of Brownsville, Tennessee, filed a pro se civil complaint accompanied by a two-page “short form” motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) On April 13, 2021, U.S. Magistrate Judge Jon A. York issued an order directing Hines to submit, within 30 days, either the entire $402 civil filing fee or the appropriate five-page non-prisoner in forma pauperis application. (ECF No. 6.) However, Hines did not comply with the order.
On August 2, 2021, Magistrate Judge York issued a Report and Recommendation (R&R) in which he recommended the complaint be dismissed for failure to prosecute. (ECF No. 10.) Objections to the R&R were due on or before August 19, 2021. See Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(d). However, Hines has filed no objections.
Because Hines has failed to comply with the Magistrate Judge's order or object to the recommendation of dismissal, the R&R is ADOPTED. This case is DISMISSED in its entirety for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).
It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a), that any appeal in this matter by Hines would not be taken in good faith. Leave to appeal in forma pauperis is, therefore, DENIED.
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.