Johnson v. Stokes

Filing 6

ORDER ACCEPTS in WHOLE Report and Recommendations re 4 Report and Recommendations.The action is DISMISSED. The Clerk of Court is DIRECTED to mail a copy of this Order to Plaintiff and CLOSE the case. Signed by District Judge Harry S Mattice, Jr on 2/29/2016. (SAC, )Order mailed to Johnson.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
ROBERT P. JOHNSON,
Plaintiff,
v.
CASEY STOKES, Judge Meigs County,
Defendant.

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Nos.

1:15-CV-59-HSM-SKL-1

ORDER
This civil matter is before the Court on the Report and Recommendation entered by
United States Magistrate Judge Susan K. Lee on June 8, 2015 (“R&R”) [Doc. 4]. In the R&R,
Magistrate Judge Lee recommends dismissal of the complaint for failure to comply with Prison
Litigation Reform Act (“PLRA”) procedures outlined in 28 U.S.C. § 1915(a)(2) or remedy that
deficiency within the period provided in the Court’s April 2, 2015 order [Doc. 3].1 There have
been no timely objections to the R&R, and enough time has passed since the filing of the R&R to
treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.
After careful review of the matter, the Court is in agreement with Magistrate Judge Lee’s
recommendation, which the Court adopts and incorporates into its ruling. Accordingly, the
Court ACCEPTS IN WHOLE the R&R [Doc. 4]; the action is DISMISSED. The Clerk of
Court is DIRECTED to mail a copy of this Order to Plaintiff and CLOSE the case.

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Under the PLRA, any prisoner who files a complaint in a district court must tender the
full filing fee or file (1) an application to proceed in forma pauperis without prepayment of fees
and (2) a certified copy of his inmate trust account for the previous six-month period. 28 U.S.C.
§ 1915(a)(2). Plaintiff did neither and failed to remedy the deficiency within the period allowed.

SO ORDERED.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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