Opinion
Civil Action 3:23-CV-01303
01-24-2024
OHN J. LIPTOK, Plaintiff, v. CITY OF POTTSVILLE PA, et al., Defendants.
MANNION, J.
REPORT AND RECOMMENDATION
KAROLINE MEHALCHICK CHIEF UNITED STATES MAGISTRATE JUDGE
On July 28, 2023, Plaintiff John J. Liptok, proceeding pro se, filed a complaint with the District Court for the Eastern District of Pennsylvania. (Doc. 1). On August 4, 2023, the case was transferred to the United States District Court for the Middle District of Pennsylvania. (Doc. 3). On August 14, 2023, this Court issued an administrative order directing the Plaintiff to submit the $402 filing fee or move to proceed in forma pauperis within thirty (30) days of entry of the Order if he wished to proceed with his civil action. (Doc. 5).
To date, Plaintiff has neither paid the filing fee nor submitted an application to proceed in forma pauperis. Accordingly, IT IS HEREBY recommended that:
1. The District Court enter an Order DISMISSING the case without prejudice;
2. The Clerk of Court be directed to CLOSE the case.
NOTICE
NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing Report and Recommendation dated January 24, 2024. Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3, which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.