Burton v. Wilkins

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 4 Report and Recommendations by U.S. District Judge John C Coughenour. Mr. Burton has neither paid the filing fee nor submitted a complete application for leave to proceed in forma pauperis, the Court hereby ADOPTS Magistrate Judge Donohues Report in full and orders the following: (1) This action is DISMISSED without prejudice for failure to prosecute. (2) The Clerk is directed to send copies of this Order to Mr. Burton and to the Honorable James P. Donohue. (cc: Plt)(SG)

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

BOBBY E. BURTON, JR.,
Plaintiff,

9
10
11
12

Case No. C15-0864 JCC

v.
ORDER DISMISSING ACTION FOR
FAILURE TO PROSECUTE

CHARLES WILKINS,
Defendant.

13
14
15

This matter comes before the Court on Magistrate Judge James P. Donohue’s Report and
Recommendation (“Report”) to dismiss plaintiff Bobby Burton’s prisoner civil rights complaint
for failure to prosecute (Dkt. No. 4). Having thoroughly considered Magistrate Judge Donohue’s

16
17
18

Report and the relevant record, the Court hereby ADOPTS the Report in full and DISMISSES
plaintiff’s complaint without prejudice for the reasons explained herein.
On June 1, 2015, Mr. Burton filed a prisoner civil rights complaint under 42 U.S.C. §

19

1983 with Magistrate Judge Donohue. (Dkt. No. 1.) Mr. Burton submitted with his complaint a

20

blank application to proceed in forma pauperis and a copy of his prison trust account statement

21

from the Texas Department of Criminal Justice. Id. On June 2, 2015, the Clerk sent Mr. Burton a
letter advising him that his submission was deficient because he failed to submit with his

22
complaint either the $400 filing fee or a completed application for leave to proceed with this
23
ORDER DISMISSING ACTION - 1

1

action in forma pauperis. (Dkt. No. 2.) Mr. Burton was advised that he would have to submit the

2

entire filing fee or a completed application for in forma pauperis status on or before July 2, 2015,

3

and that his failure to do so could result in dismissal of this case. Id. The Clerk also sent Mr.

4

Burton the appropriate in forma pauperis application form to complete. Id. To this date, Mr.

5
6

Burton has not submitted the filing fee or a complete application for leave to proceed in forma
pauperis. Because Mr. Burton had “ample time” to comply with the filing fee requirement,
Magistrate Judge Donohue recommended on July 22, 2015 that the instant action be dismissed.

7
8
9
10
11
12

(Dkt. No. 4.) Mr. Burton has filed no objection to this recommendation.
Because Mr. Burton has neither paid the filing fee nor submitted a complete application
for leave to proceed in forma pauperis, the Court hereby ADOPTS Magistrate Judge Donohue’s
Report in full and orders the following:
(1)

This action is DISMISSED without prejudice for failure to prosecute.

(2)

The Clerk is directed to send copies of this Order to Mr. Burton and to the
Honorable James P. Donohue.

13
14

DATED this 8 day of September 2015.

15

18

A

19

JOHN C. COUGHENOUR
United States District Judge

16
17

20
21
22
23
ORDER DISMISSING ACTION - 2