Opinion
Civil Action 20-305-JWD-SDJ
04-14-2022
HAROLD WILLIAM VAN ALLEN v. ROBERT MUELLER, DONALD TRUMP, MIKE PENCE, JEFF SESSIONS, CHIEF JUSTICE OF THE UNITED STATES AND JUDGES FROM THE U.S. DISTRICT COURT OF APPEALS FOR THE D.C. CIRCUIT
NOTICE
SCOTT D. JOHNSON UNITED STATES MAGISTRATE JUDGE
Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the U.S. District Court.
In accordance with 28 U.S.C. § 636(b)(1), you have 14 days after being served with the attached report to file written objections to the proposed findings of fact, conclusions of law, and recommendations set forth therein. Failure to file written objections to the proposed findings, conclusions, and recommendations within 14 days after being served will bar you, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the District Court.
ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff initiated this action on May 15, 2020, alleging, inter alia, judicial misconduct. (R. Doc. 1). On July 19, 2020, the Court issued an Order (R. Doc. 2) giving Plaintiff 21 days, or until August 9, 2020, to “pay $402.00, the full amount of the Court's filing fee, or file a Motion to Proceed in Forma Pauperis.” The Order also put Plaintiff on notice that failure to comply with the Order “shall result in the dismissal of the Plaintiff's Complaint without further notice from the Court.”
R. Doc. 2.
Id.
Local Civil Rule 41(b) allows the Court to dismiss any cause of action for a plaintiff's failure to prosecute. Here, Plaintiff was notified that his cause of action would be dismissed if he failed to pay the filing fee or failed to file for in Forma Pauperis status by August 9, 2020. He did neither. He also has taken no action in this case since he filed his Complaint over a year and a half ago.
According to Local Civil Rule 41(b)(2): “Prior to issuance of a dismissal, notice shall be sent to the plaintiff, and plaintiff shall be allowed fourteen calendar days from mailing of the notice within which to file evidence of good cause for plaintiff's failure to act. If no response is received within the allotted time, the Court may dismiss the civil action.”
Accordingly, IT IS RECOMMEDED that Plaintiff's action be DISMISSED without prejudice for failure to prosecute under Local Civil Rule 41(b).