Perez v. Morales et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION for 12 Report and Recommendation, This case is dismissed without prejudice. Signed by Honorable David L. Russell on 6/7/21. (jw)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SALVADOR PEREZ, JR.,
Plaintiff,
v.
P. STUCKEY, et al.,
Defendants.

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Case No. CIV-21-228-R

ORDER
Plaintiff filed this action pursuant to 42 U.S.C. § 1983 seeking a temporary
restraining order and preliminary injunction. (Doc. No. 1). Included with his initial filing
was a document seeking leave to proceed in forma pauperis. (Doc. No. 2). The case was
referred to United States Magistrate Judge Suzanne Mitchell for preliminary review. On
March 22, 2021, Judge Mitchell issued a Report and Recommendation wherein she ordered
Plaintiff to cure certain deficiencies with regard to his initiating documents, specifically
that he did not file a complaint to initiate the action. Judge Mitchell also noted that,
although Plaintiff had filed an “Affidavit in Forma Pauperis” he had not used the correct
form, nor included the required statement of his inmate trust account. (Doc. No. 6). Plaintiff
was granted fourteen days to cure the defects in his initial filings.
On March 31, 2021, Plaintiff filed a document entitled “Amended Complaint” and
an Application for Leave to Proceed in Forma Pauperis. (Doc. Nos. 7 and 8). On April 5,
2021, Judge Mitchell granted Plaintiff’s Application for Leave to Proceed in Forma
Pauperis and ordered him to pay an initial partial filing fee of $50.00 not later than April

26, 2021. As noted by the Report and Recommendation, Plaintiff did not pay the filing fee
within the time limits set forth therein, nor did he request additional time in which to submit
the filing fee. As a result, the Report and Recommendation recommends that the case be
dismissed without prejudice.
The record reflects that Plaintiff has not objected to the Report and
Recommendation within the time limits prescribed therein nor has he sought an extension
of time in which to object. Additionally, he has still not submitted the partial filing fee.
Therefore, the Court has no basis for rejecting or modifying the Report and
Recommendation in any manner. As such, the Report and Recommendation is ADOPTED
and this case is dismissed without prejudice.
IT IS SO ORDERED this 7th day of June 2021.