Opinion
CV 123-141
12-12-2023
JIMMY LEE RHODES, Plaintiff, v. DANIEL J. CRAIG and THE STATE OF GEORGIA, Defendants.
ORDER
J. RANDAL HALL UNITED STATES DISTRICT COURT CHIEF JUDGE
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. (Doc. nos. 11, 12.) The Magistrate Judge recommended dismissing the case without prejudice because Plaintiff failed to return the Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms which are required to proceed in forma pauperis (“IFP”). (See doc. no. 9; see also doc. no. 8-1 (providing requisite forms to Plaintiff).) In his objections, Plaintiff states he is “destitute” and claims prison officials are providing him with inadequate medical care. (See generally doc. nos. 11,12.) As to his failure to return the necessary IFP paperwork, Plaintiff asserts he has included with the objections financial statements, to include a “Letter of Trust Fund Statement,” as well as a “[l]etter of intent to answer any questions” about prior complaints and this lawsuit. (Doc. no. 11, p. 2; doc. no. 12, p. 2.) Notably, however, there are no enclosures provided with either filing.
Moreover, Plaintiff completely fails to address the Magistrate Judge's finding that Plaintiff failed to return the Consent to Collection of Fees form, a document which requires no input from any prison official. In sum, Plaintiff has neither fulfilled the requirements for proceeding IFP, nor paid the full filing fee. Nothing in the objections changes the analysis that the case is, therefore, due to be dismissed.
Accordingly, the Court OVERRULES the objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES this case without prejudice, and CLOSES this civil action.
SO ORDERED.