Opinion
Civil Action No. 3:03-CV-1547-L
October 20, 2003
ORDER
This is a pro se prisoner civil rights case. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On September 25, 2003, the Findings and Recommendation of the United States Magistrate Judge were filed. On October 2, 2003, Plaintiff filed a memorandum in which he states that he has tried to obtain medical documents from the state jail system. Plaintiff has not received the requested documents and appears to ask the court to intervene on his behalf so that he can proceed with his lawsuit.
The magistrate judge twice directed Plaintiff to respond to the written questionnaire sent to him by the court. The court recognizes that Plaintiff may need the medical documents to prosecute his case once the case gets underway; however, all the questions contained in the questionnaire can be answered to some degree or in full without the requested medical documents. Plaintiff chose to provide no answers, despite being given two opportunities to do so. Moreover, Plaintiff never requested an extension of time in which to respond to the questionnaire. Even with his October 2, 2003 memorandum, Plaintiff does not respond to the questionnaire or request an extension of time in which to do so. Under these circumstances, the court finds that the findings of the magistrate judge are correct. The magistrate judge's findings are accepted as those of the court. Accordingly, Plaintiffs complaint is dismissed without prejudice.
It is so ordered.