Opinion
Civil No. 99-0212-B.
October 21, 1999.
RECOMMENDED DECISION
Plaintiff filed this pro se Complaint on September 14, 1999. The next day he was ordered "to either pay the required filing fee of $150.00 or file a properly completed application for leave to proceed in forma pauperis (which includes the certification of the inmate's prison account by an authorized officer of the institution and a ledger showing the activity in the account for the past six months) no later than October 15, 1999," failing which a recommendation would issue to dismiss the action. Plaintiff has now filed a photocopy of a ledger, indicating that this is all the business office at the Kennebec County Jail would provide. However, he has not filed the form Application to Proceed In Forma Pauperis. For Plaintiff's failure to comply with the Court's September 15 Order, Plaintiff's Complaint is properly dismissed.
In addition, the Complaint fails to state a claim upon which relief may be granted. Plaintiff alleges that his dog and certain of his personal property were improperly released to certain private individuals. He seeks return of the property and damages. However, Plaintiff has no claim under the due process clause unless and until the state fails to offer him an adequate process. Plaintiff has not alleged that the State of Maine fails to offer an adequate post-deprivation remedy. Cronin v. Town of Amesbury, 81 F.3d 257, 260 (1st Cir. 1996).
NOTICE
A party may file objections to those specified portions of a magistrate judge's report or proposed findings or recommended decisions entered pursuant to 28 U.S.C. § 636(b)(1)(B) (1988) for which de novo review by the district court is sought, together with a supporting memorandum, within ten (10) days of being served with a copy thereof. A responsive memorandum shall be filed within ten (10) days after the filing of the objection.Failure to file a timely objection shall constitute a waiver of the right to de novo review by the district court and to appeal the district court's order.