Opinion
No. 2:14-cv-2528-JDT-cgc
03-30-2015
BRENT A. ROWAN, Plaintiff, v. TENNCARE, Defendant.
REPORT AND RECOMMENDATION
On July 9, 2014, Plaintiff Brent A. Rowan, a resident of Memphis, Tennessee, filed a pro se complaint pursuant to 28 U.S.C. § 1983. (D.E.# 1.) However, Plaintiff neglected to pay the $400.00 civil filing fee or submit a properly completed application to proceed in forma pauperis.
In an order issued on February 2, 2015, the Court ordered the Plaintiff to file a properly completed application to proceed in forma pauperis or pay the appropriate civil filing fee within thirty (30) days of the entry of the order. (D.E. # 3) Plaintiff has not complied with that order and the time set for compliance has expired.
The February 2, 2015 Order and AO 239-IFP Non-Prisoner Form were mailed to Plaintiff at the address listed on the Complaint. The Order and IFP form were returned as undeliverable on February 25, 2015. (D.E. # 4 & 5) Plaintiff has not provided the Clerk of Court with a new address.
The February 2, 2015 Order provided, in pertinent part, that "[f]ailure to comply with this order in a timely manner will result in dismissal of this action... pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute." Id. See also, Taman v. Chertoff, et al, 07-cv-2247-SHM-dkv, Order of Dismissal (D.E. # 4) April 30, 2008. It is therefore RECOMMNDED that Plaintiff's complaint be DISMISSED WITHOUT PREJUDICE, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute. Signed this 30th day of March, 2015.
s/ Charmiane G. Claxton
CHARMIANE G. CLAXTON
UNITED STATES MAGISTRATE JUDGE
ANY OBJECTIONS OR EXCEPTIONS TO THIS REPORT MUST BE FILED WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THE REPORT. 28 U.S.C. § 636(b)(1)(C). FAILURE TO FILE SAID OBJECTIONS OR EXCEPTIONS WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER OF OBJECTIONS, EXCEPTIONS, AND ANY FURTHER APPEAL.