Opinion
Case No. CIV-20-1037-PRW
11-16-2020
MARCUS DILLARD, Plaintiff, v. FTC OKLAHOMA CITY TRANSFER CENTER, Defendant.
REPORT AND RECOMMENDATION
Plaintiff, a pro se state prisoner, has filed a civil rights complaint. (Doc. 1). The court reviewed the pleadings filed by Plaintiff and entered an Order notifying Plaintiff that he must either pay the $400.00 filing fee or be granted leave to proceed without prepayment of fees. (Doc. 4). Plaintiff was ordered to cure this deficiency by November 2, 2020. (Id.) Plaintiff was advised that if the deficiency was not cured, the court would recommend dismissal of the action without prejudice to the re-filing. (Id.) Plaintiff was provided with the necessary forms to enable him to comply with the Order. (Id.) A review of the court's records indicates that Plaintiff has failed to comply with the Order or to respond to the Order's requirements in any way.
United States District Judge Wyrick has referred this matter to the undersigned Magistrate Judge for proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). (Docs. 3, 5). --------
The court can sua sponte dismiss actions for failure to comply with the rules of civil procedure or a court's orders. Nasious v. Two Unknown B.I.C.E. Agents, at Arapahoe Cty. Justice Ctr., 492 F.3d 1158, 1161 n.2 (10th Cir. 2007). The court can enter such orders to dismiss "without attention to any particular procedures" if the dismissal is without prejudice. Id. at 1162. Considering the court's right and responsibility to manage its cases, the undersigned finds that Plaintiff's failure to comply with the court's Order warrants dismissal of this action without prejudice to the re-filing.
RECOMMENDATION
The undersigned recommends that this action be dismissed without prejudice for Plaintiff's failure to pay the filing fee and/or comply with this court's order. Plaintiff is advised that he may file an objection to this Report and Recommendation with the Clerk of Court by Monday, November 30, 2020. Failure to timely object to this Report and Recommendation waives the right to appellate review of both factual and legal issues contained herein. Duffield v. Jackson, 545 F.3d 1234, 1237 (10th Cir. 2008).
This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge unless and until the matter is re-referred.
ENTERED this 16th day of November, 2020.
/s/_________
AMANDA MAXFIELD GREEN
UNITED STATES MAGISTRATE JUDGE