Gibson v. CCA Silverdale

Filing 5

ORDER adopting Report and Recommendations re 4 ; denying 2 Motion for Leave to Proceed in forma pauperis. If Plaintiff wishes to proceed, he must pay the $400 filing fee within thirty days of entry of thisOrder. Signed by District Judge Travis R McDonough on 11/29/2016. (BDG, )Mailed to Mark Anthony Gibson.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
MARK ANTHONY GIBSON,
Plaintiff,
v.
CCA SILVERDALE,
Defendant.

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Case No. 1:16-CV-386
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

ORDER

Plaintiff Mark Anthony Gibson filed this action on September 22, 2016. (Doc. 1.) While
he appears to no longer be incarcerated, his complaint asserts violations of his civil rights
pursuant to 42 U.S.C. § 1983 based on the conditions of his confinement at Defendant CCA
Silverdale’s facility. At the time of filing this action, Plaintiff also moved to proceed in forma
pauperis (“IFP”), or without fees. (Doc. 2.) On September 29, 2016, United States Magistrate
Judge Susan Lee issued an Order that instructed Plaintiff that his application to proceed IFP was
insufficient insomuch as it failed to provide the Court with ample information to make such a
determination. (Doc. 3.) Plaintiff was directed to correct his application within 30 days from the
date of the Order, by October 31, 2016, or risk denial of his motion. (Id.) Plaintiff wholly failed
to comply with Magistrate Judge Lee’s Order. On November 4, 2016, Magistrate Judge Lee
issued a report and recommendation recommending that the Court deny Plaintiff’s IFP
application and that he be assessed the filing fee. No objections to the R&R were filed within
the 14-day period of time.

Having considered Plaintiff’s IFP application as well as Magistrate Judge Lee’s report
and recommendation that Plaintiff’s application be denied, the Court agrees with the Magistrate
Judge. Not only does Plaintiff’s original IFP application fail to provide sufficient information
from which his IFP status could be properly determined, but he also failed to comply with
Magistrate Judge Lee’s Order directing him to provide more information.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Lee’s report and
recommendation (Doc. 4) and DENIES Plaintiff’s motion to proceed in forma pauperis (Doc. 2).
If Plaintiff wishes to proceed, he must pay the $400 filing fee within thirty days of entry of this
Order. Further, Plaintiff is ADVISED that he must achieve proper service of process in
compliance with the Federal Rules of Civil Procedure. If Petitioner fails to pay his filing within
the allotted time period or achieve service of process on Defendant within the period specified by
the Federal Rules of Civil Procedure, at the earlier of either of these two failures, this action will
be DISMISSED without prejudice for failure to prosecute.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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