Lowe v. Sturgis

Filing 12

REPORT AND RECOMMENDATIONS that this case be DISMISSED without prejudice -re 7 Amended Complaint filed by Christopher Dale Lowe. Objections to R&R due by 7/24/2009. Signed by Magistrate Judge W. Leon Barfield on 7/7/09. (aeg)

P -

r[) --

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION CHRISTOPHER DALE LOWE, Plaintiff, V. HAROLD STURGIS, Sergeant, Defendant. CV 109-049
ZOQ9JUL-7 PM 3:36

C LE

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Christopher Dale Lowe, an inmate at Jackson State Prison in Jackson, Georgia, commenced the above-captioned civil rights casepro se and requested permission to proceed informapauperis ("IFP"). On May 4, 2009, the Court directed Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms within thirty (30) days and advised Plaintiff that all prisoners, even those proceeding IFP, must pay the filing fee of $350.00 in full. 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned that failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See doc. no. 10, p. 3). Plaintiff failed to respond. On June 10, 2009, the Court granted Plaintiff ten (10) additional days to comply with the terms of the Court's May 4, 2009 Order. ($ doc. no. 11). Once again, Plaintiff was warned that his failure to comply in a timely fashion with the Court's Order would result in a recommendation that his case be dismissed. The time to respond has passed, and Plaintiff

has not submitted the documents required by the Court's May 4, 2009 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 the collection of the entire $350.00 filing fee in installments. Wilson v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (per curiam) (citing 28 U.S.C. § 1915). Plaintiff has been warned repeatedly 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 filing fee, the Court REPORTS and RECOMMENDS that this case be DISMISSED, without prejudice. SO REPORTED and RECOMMENDED this l*day of July, 2009, at Augusta, Georgia.

W. LEON B,KRFIELD\ UNITED STtATES MAG1RATE JUDGE

I)

2