Rivadeneira v. US Department of Homeland Security et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendation; denies as moot 11 42 USC § 1915(A) Application 'Amendment Complaint", 12 Motion to Close All the Detention Centers, 13 Motion to Request Mailing Assistant, and 14 Motion for Appointment of Counsel in a Civil Rights Lawsuit; dismisses this matter without prejudice to refiling. Signed by Honorable Lee R. West on 09/14/15. (jy)

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

DR. FELIX GUZMAN RIVADENEIRA,
on behalf of the thousands of federal

detainees and their families here in
United States of America and all over

the world,
Plaintiff,
No. CIV-15-645-W

vs.

DEPARTMENT OF HOMELAND

SECURITY etal.,

ORDER

On August 13,2015, United States Magistrate Judge Shon T. Enwin issued a Report
and Recommendation in this matter and recommended that this action be dismissed

without prejudice because plaintiff Dr. Felix Guzman Rivadeneira had failed to pay the
initial partial filing fee as ordered on July 24,2015. See Doc. 10. Rivadeneira was advised

of his right to object to the Report and Recommendation, s^ Doc. 15 at 2-3, but no

objections have been filed within the allotted time.^
Upon review of the record, the Court concurs with Magistrate Judge Enwin's

suggested disposition of this matter. Although Rivadeneira was granted leave to proceed
in forma pauperis, s^ Doc. 10, he was required to pay an initial partial filing fee in the

^The Clerk of the Court mailed Magistrate Judge Enwin's Report and Recommendation to
the address listed by Rivadeneira in his complaint. See Rule 5.5(a), Rules of the United States
District Court for the Western District of Oklahoma (papers sent to last known address deemed
delivered). The record indicates that on August 24, 2015, the Report and Recommendation was
returned to the Clerk by the United States Postal Service with the following notation on the
envelope: "RTS Not Here." Doc. 15 at 5. Rule 5.5(a), suora. obligates pro se litigants not only
to provide the Clerk with a mailing address, but also to file notice of any change of address.
Rivadeneira has not complied with the latter requirement.

amount of $142.23. Rivadeneira was advised that this action was subject to dismissal if

he failed to pay this initial amount or failed to show cause in writing for his failure to pay.
See id. To date, Rivadeneira has neither paid the filing fee as ordered or explained in
writing why he has failed to do so.

Accordingly, the Court

(1) ADOPTS the Report and Recommendation issued on August 13, 2015;
(2) in so doing, DENIES as moot the following motions submitted by Rivadeneira
and file-stamped by the Clerk of the Court on August 11, 2015:

(a) "42 U.S.C. § 1915(A) Application 'Amendment Complaint'" [Doc. 11];
(b) Motion to Close All the Detention Centers [Doc. 12];

(c) Motion to Request Mailing Assistant [Doc. 13]; and

(d) Motion for Appointment [of] Counsel in a Civil Rights Lawsuit [Doc. 14];
and

(3) DISMISSES this matter without prejudice to refiling.
ENTERED this

of September, 2015.

R. WEST

UNITED STATES DISTRICT JUDGE