Opinion
2:23-cv-00709-BHS-BAT
07-13-2023
WINTER LAVON MALONE, Plaintiff, v. KING COUNTY JAIL, et al., Defendant.
REPORT AND RECOMMENDATION
BRIAN A. TSUCHIDA UNITED STATES MAGISTRATE JUDGE
On May 11, 2023, Plaintiff Winter L. Malone, submitted a pro se, prisoner civil rights complaint and application to proceed in forma pauperis (“IFP”). Dkt. 1. By letter dated May 15, 2023, the Clerk informed Plaintiff the IFP application that he submitted was deficient and that he must either pay the filing fee or submit a corrected IFP application by June 14, 2023. Dkt. 3. The Clerk also informed Plaintiff that the failure to do so may result in dismissal of the case. Id.
Plaintiff has not responded to the Clerk's letter to cure the deficiencies in his IFP application. The Court thus recommends (1) plaintiff's application to proceed IFP be denied; (2) plaintiff either pay the $400.00 filing fee or submit a sufficient IFP application by June 29, 2023; and (3) if he fails to pay the fee or submit a sufficient application by this date, that the case be dismissed without prejudice.
Any objection to this Report and Recommendation must be filed no later than June 29, 2023, and the clerk shall note the matter ready for the Court's consideration on June 30, 2023. The failure to timely object may affect the right to appeal. The Clerk shall send a copy of this Order to plaintiff.