Opinion
Case No. CIV-20-1290-F
02-02-2021
CORY BRYAN NELSON, Plaintiff, v. JUDY HELM, et al, Defendants.
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. United States District Judge Stephen P. Friot 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 found that the Plaintiff's Motion to Proceed In Forma Pauperis, (ECF No. 2), was not on the proper form and was missing the financial information and/or signature of authorized officer of penal institution and a certified copy of Plaintiff's institutional account statement for the six-month period immediately preceding this filing. The Order directed Plaintiff to cure these deficiencies on or before January 27, 2021. Plaintiff was provided the necessary form and was further advised that failure to comply with the Order would result in a recommendation of dismissal of this action without prejudice and without further notice. See ECF No. 6 and Staff notes dated 01/06/2021.
A review of the court file indicates that as of this date, the 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 Id; 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 orders. Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by February 19, 2021 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 February 2, 2021.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE