Opinion
CASE NO. 2:18-CV-146-BSM-BD
12-04-2018
MATTHEW HORTON PLAINTIFF v. JOHNNIE JONES DEFENDANT
RECOMMENDED DISPOSITION
I. Procedure for Filing Objections
This Recommended Disposition ("Recommendation") has been sent to Chief Judge Brian S. Miller. Mr. Horton may file written objections to this Recommendation if he wishes. Objections should be specific and should include the factual or legal basis for the objection. To be considered, objections must be received in the office of the Court Clerk within 14 days of this Recommendation.
If no objections are filed, Judge Miller can adopt this Recommendation without independently reviewing the record. By not objecting, Mr. Horton may waive the right to appeal questions of fact.
II. Discussion
Rico Williams filed this federal civil rights lawsuit without the help of a lawyer on behalf of himself, Matthew Horton, and Robert Foster, all inmates at the St. Francis County Detention Facility. (Docket entry #1) Pursuant to court policy, each Plaintiff's claim was filed as a separate lawsuit.
On November 1, 2018, the Court ordered Mr. Horton to submit a completed application to proceed in forma pauperis ("IFP") or pay the filing fee within 30 days if he wanted to pursue his claims. (#2) To date, Mr. Horton has failed to comply with the Court's November 1, 2018 Order, and the time for doing so has passed. The Court specifically cautioned Mr. Horton that his claims would be dismissed if he failed to address the filing fee requirement. (#2)
III. Conclusion
The Court recommends that Mr. Horton's claims be DISMISSED, without prejudice, based on his failure to comply with this Court's November 1, 2018 Order and his failure to prosecute this lawsuit.
DATED, this 4th day of December, 2018.
/s/_________
UNITED STATES MAGISTRATE JUDGE