Rucker v. CRP Sweet et al

Filing 7

ORDER ADOPTING and ACCEPTING the Magistrate Judge's 6 REPORT AND RECOMMENDATIONS and the court hereby DISMISSES this action WITHOUT PREJUDICE due to the plaintiff's failure to prosecute. Signed by Judge Karon O Bowdre on 2/18/2021. (JLC)

FILED
2021 Feb-18 PM 12:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
KENDALL R. RUCKER,
Plaintiff,
v.
CRP SWEET, Shift Leader, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 5:20-cv-1745-KOB-GMB

ORDER OF DISMISSAL
On December 1, 2020, the Magistrate Judge entered an order granting the
plaintiff’s motion to proceed in forma pauperis, ordering the plaintiff to pay an initial
partial filing fee of $29.98, and directing the plaintiff to return a signed Prisoner
Consent Form to the court within 30 days. (Doc. 5). The Order advised the plaintiff
that the failure to comply could result in the dismissal of this action. (Doc. 5 at 2).
When the plaintiff failed to comply with or otherwise respond to that Order
within the allotted time, the Magistrate Judge entered a report and recommendation
on January 19, 2021, recommending this action be dismissed due to the plaintiff’s
failure to prosecute. (Doc. 6). The Magistrate Judge advised the plaintiff of his right
to file objections to the report and recommendation within 14 days. (Doc. 6 at 1–2).
That time has expired, and the plaintiff has failed to file objections or otherwise
respond to the report and recommendation.

Accordingly, the court ADOPTS the Magistrate Judge’s report and
ACCEPTS his recommendation. The court DISMISSES this action WITHOUT
PREJUDICE due to the plaintiff’s failure to prosecute.
For information regarding the cost of appeal, see the attached notice.
DONE and ORDERED this 18th day of February, 2021.

____________________________________

KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE

2

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
David J. Smith
Clerk of Court

In Replying Give Number
of Case and Names of Parties

NOTICE TO PRISONERS CONCERNING CIVIL APPEALS
The Prison Litigation Reform Act of 1995 (effective April 26, 1996) REQUIRES that all
prisoners pay the Court’s $500.00 docket fee plus $5.00 filing fee (for a total of $505.00) when
appealing any civil judgment.
If you wish to appeal in a civil case that Act requires that upon filing a notice of appeal
you either:
(1)

Pay the total $505.00 fee to the clerk of the district court from which
this case arose; or

(2)

arrange to have a prison official certify to the district court from
which the appeal arose the average monthly deposits and balances
in your prison account for each of the six months preceding the filing
of a notice of appeal.

If you proceed with option (2) above, the Act requires that the district court order you to
pay an initial partial fee of at least 20% of the greater of either the average monthly deposits or
of the average monthly balances shown in your prison account. The remainder of the total $505.00
fee will thereafter be deducted from your prison account each month that your account balance
exceeds $10.00. Each such monthly deduction shall equal 20% of all deposits to your prison
account during the previous month, until the total $505.00 fee is paid. (If your prison account
statement shows that you cannot pay even the required initial partial fee, your appeal may
nevertheless proceed, BUT THE TOTAL $505.00 FEE WILL BE ASSESSED AGAINST AND
WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON ACCOUNT.)
Fees are not refundable, regardless of outcome, and deductions from your prison account
will continue until the total $505.00 fee is collected, even if an appeal is unsuccessful.

David J. Smith
Clerk of Court
PLRA Notice

3