Opinion
Case No. CIV-20-147-D
04-06-2020
DILLON LINDSEY, Petitioner, v. GEO, LAWTON CORRECTIONAL FACILITY, et al., Respondent.
REPORT AND RECOMMENDATION
Plaintiff, a prisoner appearing pro se, has filed this action under 42 U.S.C. § 1983 alleging various violations of his constitutional rights. 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 entered an Order requiring that the Plaintiff must either pay the $400.00 filing fee or submit a motion for leave to proceed in forma pauperis no later than March 17, 2020. The Court advised the Plaintiff that his failure to comply with the Order may result in the dismissal of this action without prejudice to re-filing. As directed in the Order, the Clerk of Court forwarded to Plaintiff the necessary forms to make application to proceed in forma pauperis. See ECF No. 4 and Staff Note dated 2/27/2020.
A review of the court file indicates that as of this date, Plaintiff has failed to cure the deficiencies, show good cause for his failure to do so, or request an extension of time to comply with the Court's order. In fact, Plaintiff has not responded to the Court's order in any way. Further, there is no indication from the docket that Plaintiff did not receive the Court's previous Order which was mailed to Plaintiff's address of record. See ECF No. 4; LCvR 5.4.(a).
THEREFORE, the undersigned finds that Plaintiff'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 Plaintiff's failure to comply with this Court's Order. Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by April 24, 2020, in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72. Plaintiff 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 in the captioned matter.
ENTERED on April 6, 2020.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE