McCoy v. Johnson et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION for 7 Report and Recommendation, Plaintiff's complaint is dismissed without prejudice. Signed by Honorable David L. Russell on 2/2/18. (jw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ANDRE McCOY, Plaintiffs, v. WILLA JOHNSON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. CIV-17-1337-R ORDER Before the Court is the Report and Recommendation of U.S. Magistrate Judge Gary M. Purcell, Doc. 7, recommending that the Court dismiss without prejudice Plaintiff’s pro se complaint, Doc. 1. Plaintiff has not paid the required filing fee, submitted the application to proceed in forma pauperis, or filed his complaint on the proper 42 U.S.C. § 1983 form. See Doc. 4. Thereafter he failed to update his mailing address, so Judge Purcell was unable to inform him of these filing deficiencies. See Docs. 5 and 6. Given the Court’s responsibility to manage its case load and enforce compliance with the local and federal rules, Judge Purcell’s Report (Doc. 7) is hereby ADOPTED in full and Plaintiff’s complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. See Nasious v. Two Unknown B.I.C.E. Agents, at Arapahoe Cty. Justice Ctr., 492 F.3d 1158, 1161 n.2 (10th Cir. 2007). IT IS SO ORDERED this 2nd day of February, 2018.

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