Opinion
3:24-cv-05926-JNW-DWC
12-20-2024
JAMES EARL THOMAS, Petitioner, v. JASON BENNETT, Respondent.
Noting Dated: January 3, 2025
REPORT AND RECOMMENDATION
David W. Christel, United States Magistrate Judge
Petitioner James Earl Thomas, proceeding pro se, initiated this action on November 6, 2024, by filing an incomplete application to proceed in forma pauperis (“IFP”), Dkt. 1, and a proposed federal habeas petition with several pages missing, Dkt. 1-2. Petitioner's IFP application was unsigned and it, too, was missing pages. Dkt. 1.
On November 7, 2024, the Clerk of Court notified Petitioner of these filing deficiencies and informed him that failure to submit a complete IFP application or pay the $5.00 filing fee by December 9, 2024, could result in dismissal of his action. Dkt. 2. The Clerk of Court also provided Petitioner with forms for filing a new IFP application and habeas petition. Dkts. 2-1, 22. The deadline for Petitioner to cure his filing deficiencies has passed, and the Court has not received a complete IFP application or filing-fee payment from him. See docket.
Accordingly, the undersigned recommend this action be dismissed without prejudice for failure to cure filing deficiencies and for failure to properly prosecute.
Objections to this Report and Recommendation, if any, should be filed with the Clerk not later than fourteen (14) days from the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar fourteen (14) days from the date they are filed. Responses to objections may be filed by the day before the noting date. If no timely objections are filed, the matter will be ready for consideration by the District Judge on January 3, 2025.