Opinion
NO. 5:20-CV-153-M
06-26-2020
CLINTON C. BARLOW and SARAH M. DAVID, Plaintiffs, v. TRULLIANT FEDERAL CREDIT UNION BANK et al., Defendants.
MEMORANDUM & RECOMMENDATION
Following the clerk's receipt of documents submitted by Clinton C. Barlow on April 14, 2020, an order was entered on May 18, 2020, informing Plaintiffs of various deficiencies with the documents. Plaintiffs were ordered to submit, on or before June 18, 2020, the $400 filing fee or an Application to Proceed without Prepayment of Fees and Affidavit pursuant to 28 U.S.C. § 1915 and to correct the other noted deficiencies. Plaintiffs were warned that failure to comply may result in dismissal of the action.
Plaintiffs have not complied with the court's prior order, nor have they requested an extension of time within which to do so. Accordingly, it is RECOMMENDED that this matter be DISMISSED WITHOUT PREJUDICE for failure to prosecute or to comply with this court's order.
IT IS DIRECTED that a copy of this Memorandum and Recommendation be served on Clinton C. Barlow, who is hereby advised as follows:
You shall have until July 13, 2020, to file written objections to the Memorandum and Recommendation. The presiding district judge must conduct his or her own review (that is, make a de novo determination) of those portions of the Memorandum and Recommendation to which objection is properly made and may accept, reject, or modify the determinations in the Memorandum and Recommendation; receive further evidence; or return the matter to the magistrate judge with instructions. See 28 U.S.C. § 636(b)(l); Fed. R. Civ. P. 72(b)(3); Local Civ. R. 1.1 (permitting modification of deadlines specified in local rules), 72.4(b) (E.D.N.C.).
If you do not file written objections to the Memorandum and Recommendation by the foregoing deadline, you will be giving up the right to review of the Memorandum and Recommendation by the presiding district judge as described above, and the presiding district judge may enter an order or judgment based on the Memorandum and Recommendation without such review. In addition, your failure to file written objections by the foregoing deadline may bar you from appealing to the Court of Appeals from an order or judgment of the presiding district judge based on the Memorandum and Recommendation. See Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985).
This 26th day of June 2020.
/s/_________
KIMBERLY A. SWANK
United States Magistrate Judge