Opinion
Civil Action 4:21-CV-704
06-14-2021
RALPH SAEZ, Plaintiff v. MICHAEL V. PALANGE, et al., Defendants
BRANN, J.
REPORT AND RECOMMENDATION
KAROLINE MEHALCHICK, UNITED STATES MAGISTRATE JUDGE
Plaintiff Ralph Saez initiated the above-captioned action by filing a complaint (Doc.
1) on April 15, 2021. Plaintiff failed to submit the requisite filing fee or file a proper application to proceed in forma pauperis. Accordingly, on April 19, 2021, the Court issued an Administrative Order (Doc. 4) allowing 30 days for Plaintiff to either (1) tender to the “Clerk, U.S. District Court” payment in the amount of $400.00; or (2) file a properly completed and signed application to proceed in forma pauperis. Plaintiff was further advised that failure to comply with the terms of the Administrative Order may result in this case being dismissed without prejudice. (Doc. 4). More than 30 days have elapsed and Plaintiff has failed to either tender payment of the filing fee to the Clerk of Court or file an application to proceed in forma pauperis.
Based on the foregoing, it is recommended that this action be dismissed without prejudice, and the Clerk of Court close this case.
NOTICE
NOTICE IS HEREBY GIVEN that the undersigned has entered the foregoing Report and Recommendation dated June 14, 2021. Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3, which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.