MORSE v. STATE OF MAINE SUPERIOR/SUPREME COURT, No. 1:2009cv00113 - Document 3 (D. Me. 2009)
Court Description: REPORT AND RECOMMENDED DECISION re 1 Complaint filed by DANA MORSE. Objections to R&R due by 5/11/2009. By MAGISTRATE JUDGE MARGARET J. KRAVCHUK. (CWP)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE DANA MORSE, Plaintiff v. STATE OF MAINE SUPERIOR/ SUPREME COURT, Defendant ) ) ) ) ) Civil No. 9-113-B-W ) ) ) ) ) RECOMMENDED DECISION ON 42 U.S.C. § 1983 COMPLAINT Dana Morse has filed a complaint pursuant to 42 U.S.C. § 1983. He neither paid the $350.00 filing fee nor filed an application to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(2) ( A prisoner seeking to bring a civil action ... without prepayment of fees or security therefore, in addition to filing the affidavit...shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint ... obtained from the appropriate official of each prison at which [he] is or was confined ) (emphasis added). On March 27, 2009, I entered an order stating: Morse may believe that this pleading is somehow a continuation of his earlier case, Morse v. Youland, 2:08-cv-00366-DBH, but that case is closed in this court and is currently on appeal to the First Circuit Court of Appeals. He must file a new application in this case if he intends to bring this complaint pursuant to 42 U.S.C. § 1983. If this action is in the nature of a request for habeas corpus relief in this court pursuant to 28 U.S.C. § 2254, Morse must file a petition that plainly so indicates because this court will not sua sponte change the complaint he has already filed. The Clerk is hereby directed to forward a form Application to Proceed In Forma Pauperis, incorporating the amendments, to the Plaintiff. Plaintiff is hereby ORDERED to file the Application to Proceed In Forma Pauperis, or pay the filing fee of $350, no later than April 17, 2009, failing which I will recommend that this matter be dismissed for lack of prosecution. (Doc. No. 2.) Today's date is April 23, 2009, and Morse has still not complied with this order and I recommend that the case be dismissed for lack of prosecution. NOTICE A party may file objections to those specified portions of a magistrate judge's report or proposed findings or recommended decisions entered pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the district court is sought, together with a supporting memorandum, within ten (10) days of being served with a copy thereof. A responsive memorandum shall be filed within ten (10) days after the filing of the objection. Failure to file a timely objection shall constitute a waiver of the right to de novo review by the district court and to appeal the district court's order. /s/ Margaret J. Kravchuk U.S. Magistrate Judge April 23, 2009
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