Opinion
2:22-CV-1751-JHC-DWC
02-10-2023
BARTHOLOMEW LEE JONES, Plaintiff, v. JIM FERRELL, et al., Defendants.
Noting Date: March 3, 2023
REPORT AND RECOMMENDATION
DAVID W. CHRISTEL, UNITED STATES MAGISTRATE JUDGE
The District Court has referred this 42 U.S.C. § 1983 action to United States Magistrate Judge David W. Christel. Plaintiff Bartholomew Lee Jones, proceeding pro se, filed an application to proceed in forma pauperis (“IFP”) and a proposed complaint on December 12, 2022. Dkt. 1. On December 13, 2022, the Clerk of Court sent Plaintiff a letter directing him to provide a prison trust account statement. Dkt. 2. The Clerk of Court warned Plaintiff that if he did not respond to the letter by January 12, 2023, this action may be subject to dismissal. Id.
Plaintiff has not responded to the Clerk of Court's letter, has not filed a prison trust account statement, and has not paid the filing fee. As Plaintiff has failed to prosecute this case, the Court recommends this case be dismissed without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed to set the matter for consideration on March 3, 2023, as noted in the caption.