Jones v. Principal Powers of the U.S. of America and the Government

Filing 3

REPORT AND RECOMMENDATION - THAT THIS CASE BE: (1) BE DISMISSED FOR FAILURE TO PROSECUTE; AND (2) TERMINATED ON THE DOCKET. Objections to R&R due by 12/4/2014. Signed by Magistrate Judge Michael J Newman on 11/17/14. (pb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

GEORGE A. JONES,

Case No. 3:14-cv-312

Plaintiff,
vs.

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

PRINCIPAL POWERS OF THE
UNITED STATES OF AMERICA
AND THE GOVERNMENT,
Defendant.

REPORT AND RECOMMENDATION1 THAT THIS CASE BE: (1) BE DISMISSED
FOR FAILURE TO PROSECUTE; AND (2) TERMINATED ON THE DOCKET

This case is presently before the Court on pro se Plaintiff’s complaint. Doc. 1. In filing
the complaint, pro se Plaintiff failed to either pay the appropriate filing fee required by 28 U.S.C.
§ 1914(a) or apply for leave to proceed in forma pauperis under 28 U.S.C. § 1915. On October
15, 2014, the Court directed pro se Plaintiff to either pay the filing fee or apply to proceed in
forma pauperis on or before October 29, 2014. Doc. 2. Plaintiff was then advised that his
failure to pay the filing fee or apply to proceed in forma pauperis by the October 29th deadline
could result in the dismissal of his complaint. Id. Although the Court afforded pro se Plaintiff
additional time to comply with the Show Cause Order, to date, Plaintiff has neither paid the
filing fee nor moved for leave to proceed in forma pauperis.

1

Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.

Accordingly, the undersigned RECOMMENDS that: (1) that pro se Plaintiff’s complaint
(doc. 1) be DISMISSED for failure to satisfy the pending Show Cause Order and, also, his
failure to prosecute; and (2) this case be TERMINATED on the Court’s docket. The Clerk is
ORDERED to mail a copy of this Report and Recommendation to Plaintiff at his address of
record.

Date:

November 17, 2014

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after being
served with this Report and Recommendation. Pursuant to Fed. R. Civ. P. 6(d), this period is
extended to SEVENTEEN days because this Report and Recommendation is being served by
one of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F), and may be
extended further by the Court on timely motion for an extension. Such objections shall specify
the portions of the Report and Recommendation objected to, and shall be accompanied by a
memorandum of law in support of the objections. If the Report and Recommendation is based in
whole or in part upon matters occurring of record at an oral hearing, the objecting party shall
promptly arrange for the transcription of the record, or such portions of it as all parties may agree
upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise
directs. A party may respond to another party’s objections within FOURTEEN days after being
served with a copy thereof.

As is made clear above, this period is likewise extended to

SEVENTEEN days if service of the objections is made pursuant to Fed. R. Civ. P. 5(b)(2)(C),
(D), (E), or (F). Failure to make objections in accordance with this procedure may forfeit rights
on appeal. See Thomas v. Arn, 474 U.S. 140, 153-55 (1985); United States v. Walters, 638 F.2d
947, 949-50 (6th Cir. 1981).