McAtee v. James

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 7 AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. Signed by District Judge Irene M. Keeley on 5/1/2014. (Copy pro se plaintiff via certified mail) (jmm) (Additional attachment(s) added on 5/1/2014: # 1 Certified Mail Return Receipt) (jmm).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
DUANE MCATEE,
Plaintiff,
v.

//

CIVIL ACTION NO. 1:13cv162
(Judge Keeley)

JEFF JAMES,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 7] AND
DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE
On

June

27,

2013,

the

pro

se

plaintiff,

Duane

McAtee

(“McAtee”), filed a complaint against the defendant, Jeff James.
(Dkt. No. 1).

On June 28, 2013, the Court provided McAtee with

notice of general guidelines for appearing pro se in federal court
(dkt. no. 2) and notice of deficient pleading (dkt. no. 3), both of
which McAtee accepted on July 3, 2013 (dkt. no. 5).

The notice of

deficient pleading informed McAtee that, among other things, he was
required either to file an application in forma pauperis or to pay
the $400 filing fee.

The notice further advised him that failure

to comply would result in the dismissal of the case, pursuant to
Fed. R. Civ. P. 41(b).
The Court referred this matter to the Honorable John S. Kaull,
United

States

Magistrate

Judge,

who

entered

a

report

and

recommendation (“R&R”) on December 11, 2013, recommending that the
case be dismissed for failure to prosecute. Because McAtee has not
complied with the notice of deficient pleading, nor filed any

objections to the R&R, the Court ADOPTS the R&R and DISMISSES this
case WITHOUT PREJUDICE for failure to prosecute.
It is so ORDERED.
The Court DIRECTS the Clerk to transmit copies of this Order
to counsel of record and the pro se plaintiff, return receipt
requested, and to enter a separate judgment order.
DATED: May 1, 2014.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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