Thompson v. Warden et al

Filing 7

REPORT AND RECOMMENDATION: the undersigned recommends that the action be dismissed without prejudice. Objections to R&R due by 1/27/2014. This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in the captioned matter, and any pending motion not specifically addressed herein is denied. Signed by Magistrate Judge Gary M. Purcell on 1/7/2014. (brs)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

CYNTHIA R. THOMPSON,

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Plaintiff,
vs.
WARDEN OF KBCCC, et al.,
Defendants.

CIV-13-1268-HE

REPORT AND RECOMMENDATION
Plaintiff, a prisoner appearing pro se, filed this civil rights action pursuant to 42
U.S.C. §1983 on December 2, 2013. The matter was referred to the undersigned Magistrate
Judge by United States District Judge Heaton on December 3, 2013, for initial proceedings
consistent with 28 U.S.C. §636(b)(1)(B). On December 4, 2013, the undersigned reviewed
the pleadings filed by Plaintiff and entered an Order notifying Plaintiff that the documents
filed on December 2, 2013, were deficient because Plaintiff had not paid the filing fee or
submitted a motion to proceed in forma pauperis and the complaint was not filed on the
proper §1983 form. The Plaintiff was ordered to cure these deficiencies by December 23,
2013, and advised that if the deficiencies were not cured, the undersigned would recommend
the dismissal of the action without prejudice. As of this date, Plaintiff has failed to comply
or file any further pleadings with the Court.
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Plaintiff's lack of interest in complying with the Court's Order combined with the
Court's attempt to manage and control its caseload warrant a dismissal of the Complaint
without prejudice. See Gripe v. City of Enid, Okla., 312 F.3d 1184, 1188 (10th Cir. 2002)
(Federal Rules of Civil Procedure authorize sanctions, including dismissal, for failure to
comply with court’s orders). See also Nasious v. Two Unknown B.I.C.E Agents at Arapahoe
County Justice Center, 492 F.3d 1158, 1161 n. 2, 1162 (10th Cir. 2007)(sua sponte dismissal
for failure to comply with court’s orders permitted under federal rules, and court need not
follow any particular procedures in dismissing action without prejudice for failure to
comply).

RECOMMENDATION
In view of the foregoing, the undersigned recommends that the action be dismissed
without prejudice. Plaintiff is advised of her right to file an objection to this Report and
Recommendation with the Clerk of this Court by

January 27th , 2014, in accordance with

28 U.S.C. § 636 and LCvR 72.1. The failure to timely object to this Report and
Recommendation would waive appellate review of the recommended ruling. Moore v.
United States of America, 950 F.2d 656 (10th Cir. 1991); cf. Marshall v. Chater, 75 F.3d
1421, 1426 (10th Cir. 1996)(“Issues raised for the first time in objections to the magistrate
judge’s recommendations are deemed waived.”).
This Report and Recommendation disposes of all issues referred to the undersigned
Magistrate Judge in the captioned matter, and any pending motion not specifically addressed
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herein is denied.
ENTERED this

7th

day of

January, 2014.

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