Finley v. White et al

Filing 6

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 12/9/2024. Signed by Magistrate Judge Brian K. Epps on 11/22/24. (loh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
ANTHONIQUE LA’ARMON FINLEY,
Plaintiff,
v.
JERMAINE WHITE, Warden;
MS. HARVEY, CO I; V. STEWARD; and
JOHNSON, Chief Counselor,
Defendants.

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CV 324-073

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, incarcerated at Telfair State Prison in Helena, Georgia, commenced the
above-captioned civil rights case pro se and requested permission to proceed in forma
pauperis (“IFP”). On October 16, 2024, 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). Plaintiff was cautioned failure to respond would be
an election to have this case voluntarily dismissed without prejudice. (See doc. no. 4.) The
time to respond has passed, and Plaintiff has not submitted the documents required by the
Court’s October 16th Order. Although Plaintiff returned an account statement verifying the
money in his trust account that was signed by a prison official, (doc. no. 5), he did not return
the Consent to Collection of Fees form. Nor has he provided the Court with any explanation
why he has not complied with the Court’s Order that he return both forms.

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 22nd day of November, 2024, at
Augusta, Georgia.

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