Spraggins v. Owens
OPINION AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis. denying 10 Report and Recommendations.. Signed by Judge James L. Graham on 8/18/2017. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
Case No. 2:17-cv-273
Charlotte E. Owens,
OPINION AND ORDER
This is an action brought pursuant to 42 U.S.C. §1983 by
plaintiff Desean Spraggins, an Ohio state prison inmate.
6, 2017, the magistrate judge issued an order and notice of
deficiency, directing plaintiff to pay the filing fee or an
plaintiff filed a deficient motion, see Doc. 3, the magistrate
judge issued orders on May 5, 2017, and June 8, 2017, directing
plaintiff to cure the deficiency in his motion.
On July 28, 2017,
recommending that the case be dismissed pursuant to Fed. R. Civ. P.
41(b) for failure to prosecute.
See Doc. 10.
On August 7, 2017,
plaintiff filed a certified financial statement of his prison
account for the previous six months (Doc. 11) and objections to the
report and recommendation (Doc. 12).
If a party objects within the allotted time to a report and
recommendation, the court “shall make a de novo determination of
those portions of the report or specified proposed findings or
recommendations to which objection is made.” 28 U.S.C. §636(b)(1);
see also Fed. R. Civ. P. 72(b).
Upon review, the Court “may
accept, reject, or modify, in whole or in part, the findings or
As it now appears that plaintiff has corrected the deficiency
in his motion by filing a statement of his prison account, the
court declines to accept the report and recommendation (Doc. 10)
and it is hereby denied.
Plaintiff’s motion for leave to proceed
in forma pauperis (Doc. 3) is granted.
Plaintiff is permitted to
prosecute this action without prepayment of fees or costs, and any
judicial officers who render services in this action shall do so as
if the costs had been prepaid.
Date: August 18, 2017
28 U.S.C. §1915(a).
s/James L. Graham
James L. Graham
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?