Opinion
CV 123-156
12-29-2023
KENNIN DWAYNE JACKSON, Plaintiff, v. DEPUTY MS. KENDRICK; COMMISSARY DISTRIBUTOR MS. HORTON; SHELTON; LT. HORRELLE; MOSES; STEPAN; AND MAJOR MITCHELLE, Defendants.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
BRIAN K EPPS, UNITED STATES MAGISTRATE JUDGE
Plaintiff, incarcerated at Charles B. Webster Detention Center in Augusta, Georgia, commenced the above-captioned case pro se and requested permission to proceed in forma pauperis (“IFP”). On October 16, 2023, 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 all prisoners, even those proceeding IFP, must pay the filing fee of $350.00 in full. 28 U.S.C. § 1915(b)(1). (See doc. no. 3, p. 1.) Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (Id. at 4.) The time to respond has passed, and Plaintiff has not submitted the IFP documents as required by the Court's October 16th Order. In particular, Plaintiff did not return his Consent to Collection of Fees form and has not provided the Court with any explanation as to why he has not complied.
Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account Statement and consents to collection of the entire $350.00 filing fee in installments. Wilson v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (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 full filing fee, the Court REPORTS and RECOMMENDS this case be DISMISSED without prejudice and this civil action be CLOSED.
SO REPORTED and RECOMMENDED.