Sasser v. Donald et al

Filing 10

REPORT AND RECOMMENDATIONS that this case be Dismissed, w/o prejudice - re 1 Complaint filed by Henry Allen Sasser, 6 Amended Complaint filed by Henry Allen Sasser, John Doe, Jane Does Objections to R&R due by 1/9/2009. Signed by Magistrate Judge W. Leon Barfield on 12/16/08. (cmr)

Ph3INAL
1NTHE UNITED STATESDISTRICTCOURT U.S. [ FOR THE SOUTHERN DISTRICT OF DUBL[N DIVISION Za UEC I b A c1 l 3

HENRY ALLEN SASSER, Plaintiff, V. JAMES DONALD, Commissioner, et aL, Defendants. CV 308-048

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff Henry Allen Sasser, an inmate at Columbia Care Center (a hospital) in Columbia, South Carolina, commenced the above-captioned civil rights case pro se and requested permission to proceed in forma pauperis ("IFP"). On September 15, 2008, 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 $350.00 in full. 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned that failure to respond would be an election to have this case voluntarily dismissed without prejudice. ($ doe. no. 8). Plaintiff failed to respond. On October 23, 2008, the Court granted Plaintiff ten (10) additional days to comply with the terms of the Court's September 15th Order. doe. no. 9). 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 September 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 the collection of the entire $350.00 filing fee in installments. Wilson v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (per curiain) (citing 28 U.S.C. § 1915). Plaintiff has been warned repeatedly that failing to return the necessary IF? 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 J.day of December, 2008, at Augusta, Georgia.

W. LEON BRFIELD / UNITED STATES MAGtSTRATE JUDGE

2