Hicks v. Chapman et al

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS recommending that this action be dismissed without prejudice for failure to prosecute and comply with the Court's Orders.. Signed by Judge Kristi K. DuBose on 3/12/2010. (order, IFP and 1983 form mailed to plaintiff per order) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MITCHELL HICKS, Plaintiff, vs. RENETTA CHAPMAN, et al., Defendants. : : : : : ORDER This matter is before the Court on the Magistrate Judge's Report and Recommendation that this action be dismissed for failure of plaintiff Mitchell Hicks to submit his motion to proceed without prepayment of fees and costs and his complaint on the Court's required forms (doc. 10). Plaintiff filed an objection in which he states that he has not received any orders from the Magistrate Judge or any forms from the Court.1 Plaintiff also claims that he previously submitted his complaint and motion to proceed without prepayment of fees on the required court form (doc. 11). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. §636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action be and is hereby DISMISSED2 without prejudice for failure to prosecute and to obey the Court's Orders. DONE this March 12, 2010. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 09-00452-KD-B

This allegation is obviously inconsistent with his claim that he previously filed the court forms sent to him in conjunction with the July 27, 2009 order. The Clerk is directed to again mail the Court's required forms for a complaint and motion to proceed without prepayment of fees and costs when mailing this order to the plaintiff.
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