Sharafi v. U. S. Federal Courts et al

Filing 9

REPORT AND RECOMMENDATION re 1 Complaint. The undersigned Magistrate Judge recommends that Plaintiff's complaint should be dismissed without prejudice. Signed by Magistrate Judge John S. Bryant on 7/12/2013. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MATTHEW D. SHARAFI,
Plaintiff
v.
U. S. FEDERAL COURTS, et al.,
Defendants

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NO. 3:13-0335
Judge Campbell/Bryant

TO: THE HONORABLE TODD J. CAMPBELL
REPORT AND RECOMMENDATION
Plaintiff Matthew Sharafi has filed his pro se complaint
against numerous Defendants along with his application to proceed
in District Court without prepaying fees or costs (Docket Entry
Nos. 1 and 4). This case was referred to the undersigned Magistrate
Judge for customized case management in accordance with Local Rule
16.01 (Docket Entry No. 2).
Upon a review of Plaintiff’s application to proceed in
District Court without prepaying fees or costs, the undersigned
Magistrate Judge found that Plaintiff’s application was incomplete
in numerous particulars. The undersigned, therefore, directed the
Clerk to mail to Plaintiff a blank application and ordered the
Plaintiff to complete the application and return it to the Clerk
within 30 days (Docket Entry No. 6). The order admonished Plaintiff
that if he failed to return the completed application or, in the
alternative, failed to pay the required filing fee within 30 days,

the undersigned Magistrate Judge may recommend that the complaint
be dismissed.
Despite this order, Plaintiff has failed to return a
completed application to proceed without paying costs, and the time
period within which he has been ordered to do so has expired.
Plaintiff has failed to file an application containing sufficient
information to determine whether he is eligible to proceed without
paying costs.
For the reasons stated above, the undersigned Magistrate
Judge finds that Plaintiff’s complaint should be dismissed for his
failure to file a completed application to proceed without paying
costs or, in the alternative, to pay the required filing fee.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that Plaintiff’s complaint should be dismissed
without prejudice.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

Report

and

Recommendation in which to file any written objections to this
Recommendation with the District Court.

Any party opposing said

objections shall have 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
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appeal of this Recommendation.

Thomas v. Arn, 474 U.S. 140 106 S.

Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied, 474 U.S. 1111 (1986).
ENTER this 12th day of July, 2013.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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