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Charles v. Towns, CV 317-027. (2018)

Court: District Court, S.D. Georgia Number: infdco20180514852 Visitors: 6
Filed: May 11, 2018
Latest Update: May 11, 2018
Summary: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Plaintiff, an inmate formerly incarcerated at the Federal Correctional Institution in Beaver, West Virginia, commenced the above-captioned civil rights case pro se and was granted permission to proceed in forma pauperis ("IFP"). On April 16, 2018, because Plaintiff was released from incarceration, the Court revoked his leave to proceed IFP and instructed Plaintiff to submit the filing fee or a new IFP motion
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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff, an inmate formerly incarcerated at the Federal Correctional Institution in Beaver, West Virginia, commenced the above-captioned civil rights case pro se and was granted permission to proceed in forma pauperis ("IFP"). On April 16, 2018, because Plaintiff was released from incarceration, the Court revoked his leave to proceed IFP and instructed Plaintiff to submit the filing fee or a new IFP motion within fourteen days from the date of its Order. (Doc. no. 36.) The Court cautioned Plaintiff that failure to respond would result in a recommendation to the presiding District Judge that this case be dismissed without prejudice. (See id.) The time to respond has passed, and Plaintiff has not submitted the documents required by the Court's April 16th Order. Nor has he provided the Court with any explanation why he has not complied.

Plaintiff cannot proceed IFP unless he submits the filing fee or a new motion to proceed IFP. Plaintiff has been warned that failing to return the necessary IFP papers or pay the fee would result in his case being voluntarily dismissed. As Plaintiff has neither fulfilled the requirements for proceeding IFP, nor paid the filing fee, the Court REPORTS and RECOMMENDS this case be DISMISSED without prejudice and this civil action be CLOSED.

SO REPORTED and RECOMMENDED.

Source:  Leagle

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