Smith v. Saint Paul Travelers Company Inc.

Filing 7

REPORT AND RECOMMENDATION recommending that this case be DISMISSED without prejudice & this civil action be CLOSED. Signed by US Magistrate Judge Brian K Epps on 6/27/19. (copy mailed to Plf on 6/27/19) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
MOBILE DIVISION
EDMOND HUDMOND SMITH, IV

)
)
Plaintiff,
)
)
v.
)
CV 119-223
)
SAINT PAUL TRAVELERS COMPANY, )
INC., et al.,
)
)
Defendants.
)
______________________________________________________
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
______________________________________________________
Plaintiff, incarcerated at United States Medical Center in Springfield, Missouri,
commenced the above-captioned civil rights case pro se and requested permission to proceed
in forma pauperis (“IFP”). On May 15, 2019, the Court directed Plaintiff to return his
Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms within
thirty days and advised Plaintiff that all prisoners, even those proceeding IFP, must pay the
filing fee of $350.00 in full. 28 U.S.C. § 1915(b)(1). (Doc. no. 6.) Plaintiff was cautioned
that failure to respond would be an election to have this case voluntarily dismissed without
prejudice. (See id.) The time to respond has passed, and Plaintiff has not submitted the
documents required by the Court’s May 15th Order. Nor has he provided the Court with any
explanation why he has not complied.
Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account
Statement and consents to collection of the entire $350.00 filing fee in installments. Wilson

v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (citing 28 U.S.C. § 1915). Plaintiff
has been warned that failing to return the necessary IFP papers would be an election to have
his case voluntarily dismissed.

As Plaintiff has neither fulfilled the requirements for

proceeding IFP, nor paid the full filing fee, the Court REPORTS and RECOMMENDS this
case be DISMISSED without prejudice and this civil action be CLOSED.
SO REPORTED and RECOMMENDED this 27th day of June, 2019, at Augusta,
Georgia.

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