Smith v. Scott

Filing 7

REPORT AND RECOMMENDATIONS recommends dismissing without prejudice the 1 Complaint filed by Brandon Smith. Objections to R&R due by 4/27/2009. Signed by Magistrate Judge G. R. Smith on 4/13/09. (evb)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
BRANDON SMITH, Plaintiff, v. CIO II, NURSE SCOTT, Defendant. Case No. CV408-169 )

REPORT AND RECOMMENDATION
Plaintiff Brandon Smith filed the above-captioned 42 U.S.C. § 1983 civil rights action against the defendants on August 8, 2008. Doc. 1. The Court granted him leave to proceed in forma pauperis ("IFP"), but directed him to complete and return both a Prison Trust Fund Account Statement form and a Consent to Collection of Fees from Trust Account form before the case could proceed. Doc. 6. The order further advised plaintiff that if he failed to return the forms within thirty days, the Court would presume that he desired to voluntarily dismiss his complaint without prejudice. Id. at 5.

Plaintiff never returned the required forms. Because the thirty-day deadline expired, plaintiff's § 1983 complaint should be DISMISSED

WITHOUT PREJUDICE. SO REPORTED AND RECOMMENDED this 13th day of
April, 2009.
!s! G.R. SMITH

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA