Ware v. Kellom et al

Filing 4

REPORT AND RECOMMENDATION of the U.S. Magistrate Judge that re #1 Complaint should be dismissed without prejudice and this civil action should be closed. Objections to R&R due by 6/5/2023. Signed by Magistrate Judge Brian K. Epps on 5/19/23. (loh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION JACARE WARE, Plaintiff, v. JIMMY KELLOM; KAREN THOMAS; BONITA JONES; and SRG. MOE, Defendants. ) ) ) ) ) ) ) ) ) ) CV 323-028 MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On March 27,2023, Plaintiff, in inmate at Telfair State Prison in Helena, Georgia, commenced the above-captioned case pro se and requested permission to proceed in forma pauperis (“IFP”). On that same day, 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 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. 3.) Plaintiff was cautioned 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 March 27th 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 19th day of May, 2023, at Augusta, Georgia. 2

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