Opinion
3:24-cv-00102-JM-JJV
07-17-2024
WALTILIA SHRE ROBINSON ADC #719972 PLAINTIFF v. FORSMAN, Sergeant, McPherson Unit; et al. DEFENDANTS
RECOMMENDED DISPOSITION
JOE J. VOLPE, UNITED STATES MAGISTRATE JUDGE
The following Recommended Disposition (“Recommendation”) has been sent to United States District Judge James M. Moody Jr. Any party may serve and file written objections to this Recommendation. Objections should be specific and include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. Your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of this Recommendation. Failure to file timely objections may result in a waiver of the right to appeal questions of fact.
I. DISCUSSION
Waltilia Shre Robinson (“Plaintiff”) has filed a pro se Complaint seeking relief pursuant to 42 U.S.C. § 1983. (Doc. 2.) On June 13, 2024, I entered an Order directing her to either pay the filing fee in full or file an Application to Proceed In Forma Pauperis. (Doc. 4.) And I cautioned Plaintiff I would recommend this case be dismissed without prejudice if she did not do so within thirty (30) days. (Id.) Plaintiff has not complied with my Order, and the time to do so has expired. Accordingly, I recommend this case be dismissed without prejudice due to a lack of prosecution. See Fed.R.Civ.P. 41(b); Local Rule 5.5(c)(2).
II. CONCLUSION
IT IS, THEREFORE, RECOMMENDED that:
1. The Complaint (Doc. 2) be DISMISSED without prejudice due to a lack of prosecution, and this case be CLOSED.
2. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an Order adopting this Recommendation and the accompanying Judgment would not be taken in good faith.