Spraggins v. Owens

Filing 13

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
EASTERN DIVISION
Desean Spraggins,
Plaintiff,
v.

Case No. 2:17-cv-273

Charlotte E. Owens,
Defendant.
OPINION AND ORDER
This is an action brought pursuant to 42 U.S.C. §1983 by
plaintiff Desean Spraggins, an Ohio state prison inmate.

On April

6, 2017, the magistrate judge issued an order and notice of
deficiency, directing plaintiff to pay the filing fee or an
application

for

leave

to

proceed

in

forma

pauperis.

After

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.
the

magistrate

judge

issued

a

report

On July 28, 2017,

and

recommendation

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

recommendations

made

by

the

magistrate

judge.”

28

U.S.C.

§636(b)(1).
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

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