Williams v. Unnamed Defendant

Filing 8

OPINION AND ORDER that Magistrate Judge Catherine M. Salinas's Final Report and Recommendation 6 is ADOPTED. IT IS FURTHER ORDERED that Plaintiff Daniel Lee Williams's Application for Leave to Proceed in forma pauperis is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge William S. Duffey, Jr on 5/2/2016. (anc)

complaint form and IFP affidavit form, and ordering Plaintiff to fully complete and
return those forms. ([1]). The Magistrate Judge advised Plaintiff that failure to
comply with the order could result in the dismissal of this action. (Id.). Plaintiff
removed pages from the IFP affidavit form and returned an incomplete copy that is
missing the certified inmate account statement. Plaintiff thus failed to comply with
the Magistrate Judge’s order.
On February 24, 2016, the Magistrate Judge issued her R&R. The R&R
recommends dismissal of this action for failure to comply with a lawful order of
the Court. Plaintiff did not file objections to the R&R, and he has not otherwise
taken any action in this case.
II.

DISCUSSION
A.

Legal Standard

After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).
No party objects to the R&R, and the Court thus conducts a plain error review of
the record. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983).

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B.

Analysis

Under Local Rule 41.3(A)(2), “[t]he court may, with or without notice to the
parties, dismiss a civil case for want of prosecution if: . . . [a] plaintiff . . . shall,
after notice, . . . fail or refuse to obey a lawful order of the court in the case.” LR
41.3(A)(2), NDGa.
The Court finds no plain error in the Magistrate Judge’s recommendation
that this action be dismissed for failure to comply with a lawful order of the Court.
See Slay, 714 F.2d at 1095.
III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Catherine M. Salinas’s

Final Report and Recommendation [6] is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff Daniel Lee Williams’s
Application for Leave to Proceed in forma pauperis is DENIED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that this action is DISMISSSED
WITHOUT PREJUDICE.

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SO ORDERED this 2nd day of May, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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