Fields v. Federal Bureau of Prisons et al

Filing 9

ORDER ADOPTING #7 Report and Recommendation. This action, filed under 42 U.S.C. 1983, is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b), Fed. R. Civ. P., for failure to comply with the court's order. Signed by Judge Stephen P. Friot on 5/8/2024. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANDREW FIELDS, III,
Plaintiff,
-vsFEDERAL BUREAU OF PRISONS
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. CIV-24-252-F

ORDER
On April 19, 2024, United States Magistrate Judge Shon T. Erwin issued a
Report and Recommendation, recommending this action, filed under 42 U.S.C.
§ 1983, be dismissed without prejudice.

See, doc. no. 7.

The basis for the

recommendation was plaintiff’s failure to comply with the court’s March 12, 2024
order requiring the payment of the $405 filing fee or the submission of an in forma
pauperis motion by March 29, 2024. Id. Magistrate Judge Erwin advised plaintiff
of his right to file an objection to the Report and Recommendation by May 6, 2024,
and specifically advised that failure to make timely objection waives the right to
appellate review of the factual and legal issues therein addressed.
To date, plaintiff has neither filed an objection to the Report and
Recommendation nor sought an extension of time to file an objection. The record
reflects that Magistrate Judge Erwin’s Report and Recommendation was returned
undeliverable. See, doc. no. 8. However, pursuant to LCvR5.4, “[p]apers sent by
the court will be deemed delivered if sent to the last known address given to the
court.” Because the Report and Recommendation was sent to the last known address

given to the court and no timely objection has been filed by plaintiff, the court
accepts, adopts, and affirms Magistrate Judge Erwin’s Report and Recommendation.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Shon T. Erwin is ACCEPTED, ADOPTED and AFFIRMED.
This action, filed under 42 U.S.C. § 1983, is DISMISSED WITHOUT
PREJUDICE pursuant to Rule 41(b), Fed. R. Civ. P., for failure to comply with the
court’s order.
DATED this 8th day of May, 2024.

24-0252p001.docx

2