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Davidson v. Medlin

United States District Court, S.D. Georgia, Dublin Division

September 9, 2014

GERALD A. DAVIDSON, Plaintiff,
v.
FNU MEDLIN, Warden, et al., Defendant.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

BRIAN K. EPPS, Magistrate Judge.

Plaintiff, an inmate at Wheeler Correctional Facility in Alamo, Georgia, commenced the above-captioned civil rights race, pursuant to 42 U.S.C. § 1983. He is proceeding pro se and requested permission to proceed in forma pauperis ("IFP"). On June 30, 2014, the Court directed Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms within thirty days and advised Plaintiff that all prisoners, even those proceeding IFP, must pay the filing fee of $350.00 in full. 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned that failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See doc. no. 3.) On August 1, 2014, Plaintiff submitted a Prisoner Trust Fund Account Statement, but failed to submit a signed Consent to Collection of Fees form. (See doc. no. 5.) The time to respond has passed, and Plaintiff has not submitted a Consent to Collection of Fees form as required by the Court's June 30th Order, nor has he provided the Court with any explanation as to why he has not done so.

Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account Statement and consents to the collection of the entire $350.00 filing fee in installments Wilson v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) ( per curiam ) (citing 28 U.S.C. § 1915). Plaintiff has been warned that failing to return the necessary IFP papers would be an election to have his case voluntarily dismissed. As Plaintiff has neither fulfilled the requirements for proceeding IFP, nor paid the filing fee, the Court REPORTS and RECOMMENDS that this case be DISMISSED without prejudice.

SO REPORTED and RECOMMENDED.


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