Coates v. Owens et al

Filing 5

REPORT AND RECOMMENDATION of the U.S. Magistrate Judge that re #1 Petition for Writ of Habeas should be dismissed without prejudice and this civil action should be closed. Objections to R&R due by 1/21/2025. Signed by Magistrate Judge Brian K. Epps on 1/3/25. (loh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
ANDREA LORENZO COATES,
Petitioner,
v.
DALE OWENS; DODGE COUNTY
INVESTIGATORS; DODGE COUNTY
SHERIFF’S DEPARTMENT; ASHLEY
McGOLLKIN; and KELLIE ADAMS,
Respondents.

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CV 324-082

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, incarcerated at Coastal State Prison, commenced the above-captioned case
pro se and requested permission to proceed in forma pauperis (“IFP”). On November 20,
2024, the Court directed Petitioner to return his Prisoner Trust Fund Account Statement and
Consent to Collection of Fees forms within thirty days and advised Petitioner all prisoners,
even those proceeding IFP, must pay the filing fee of $350.00 in full.

28 U.S.C.

§ 1915(b)(1). (See doc. no. 4, pp. 1-3.) Petitioner was cautioned failure to respond would be
an election to have this case voluntarily dismissed without prejudice. (See id. at 4.) The
time to respond has passed, and Petitioner has not submitted the documents required by the
Court’s November 20th Order. Nor has he provided the Court with any explanation why he
has not complied.

Petitioner 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). Petitioner
has been warned that failing to return the necessary IFP papers would be an election to have
his case voluntarily dismissed. (See doc. no. 4, p. 4.) As Petitioner 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 3rd day of January, 2025, at Augusta,
Georgia.

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