Opinion
C22-5783 BHS
01-09-2023
MARLIN GIOVANNI PICKENS, Plaintiff, v. 24 HOUR FITNESS, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Benjamin H. Settle, United States District Judge
This matter comes before the Court on Magistrate Judge Theresa L. Fricke's Report and Recommendation (“R&R”). Dkt. 5. Judge Fricke recommends denying Plaintiff Marlin Giovanni Pickens' Application for Leave to Proceed In Forma Pauperis, Dkt. 1, and dismissing his case without prejudice for failure to prosecute after he failed to respond to her Order to Show Cause, Dkt. 4. The Court, having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Pickens' Application for Leave to Proceed In Forma Pauperis, Dkt. 1, is DENIED and this case is DISMISSED without prejudice;
(3) The Clerk is directed to send copies of this Order to Pickens; and
(4) The Clerk shall enter JUDGMENT and close this case.