Opinion
Case No. CIV-20-994-SLP
11-04-2020
MAHOGANY TABRON, Plaintiff, v. MIKALAH POST, et al., Defendants
REPORT AND RECOMMENDATION
Plaintiff has filed an Application (Motion) for Leave to Proceed In Forma Pauperis. (ECF No. 2). Pursuant to the Order (ECF No. 3) entered by United States District Judge Scott L. Palk the Motion has been referred to the undersigned magistrate judge for disposition.
In accordance with that referral, the undersigned entered an Order advising the Plaintiff that the Application was deficient. See ECF No. 4. Plaintiff had filed the in forma pauperis form intended for prisoners. Plaintiff was ordered to submit the appropriate form for non-prisoners. Plaintiff was given until October 23, 2020 to cure the deficiencies designated. Plaintiff was cautioned that failing to comply would result in a recommendation to dismiss this action without prejudice and without further notice.
To date, Plaintiff has neither complied with the Order nor offered any explanation for her failure to do so. In fact, Plaintiff has not responded to the Court's order in any way. Additionally, the Court's records reflect that mail addressed to Plaintiff is being returned as undeliverable. See ECF Nos. 5 and 6. As of this date, Plaintiff has not submitted a notice of change of address to the Clerk of Court. Plaintiff is responsible for notifying the court of any change of address. See LCvR 5.4(a). Moreover, "[p]apers sent by the Court will be deemed delivered if sent to the last known address given to the Court." Id.
The undersigned finds that Plaintiff's failure to comply with the Court's Order, in light of the Court's right and responsibility to manage its cases, warrants dismissal of this action without prejudice. See Nasious v. Two Unknown B.I.C.E. Agents at Arapahoe County Justice Center, 492 F.3d 1158, 1161 n.2, 1162 (10th Cir. 2007) (sua sponte dismissal for failure to comply with Court's orders permitted under federal rules, and court need not follow any particular procedures in dismissing actions without prejudice for failure to comply).
RECOMMENDATION
Based on the foregoing findings, it is recommended that this action be DISMISSED without prejudice for Plaintiff's failure to comply with this Court's orders. Plaintiff is advised of her right to file an objection to this Report and Recommendation with the Clerk of Court by November 24, 2020 in accordance with 28 U.S.C. §636 and Fed. R. Civ. P. 72. Plaintiff is further advised that any failure to make timely objection to this Report and Recommendation waives the right to appellate review of the factual and legal issues addressed herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).
This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter.
ENTERED on November 4, 2020.
/s/_________
SHON T. ERWIN
UNITED STATES MAGISTRATE JUDGE