Williams v. Unnamed Defendant, No. 1:2015cv04202 - Document 8 (N.D. Ga. 2016)

Court Description: OPINION AND ORDER that Magistrate Judge Catherine M. Salinas's Final Report and Recommendation 6 is ADOPTED. IT IS FURTHER ORDERED that Plaintiff Daniel Lee Williams's Application for Leave to Proceed in forma pauperis is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge William S. Duffey, Jr on 5/2/2016. (anc)

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Williams v. Unnamed Defendant Doc. 8 Dockets.Justia.com complaint form and IFP affidavit form, and ordering Plaintiff to fully complete and return those forms. ([1]). The Magistrate Judge advised Plaintiff that failure to comply with the order could result in the dismissal of this action. (Id.). Plaintiff removed pages from the IFP affidavit form and returned an incomplete copy that is missing the certified inmate account statement. Plaintiff thus failed to comply with the Magistrate Judge’s order. On February 24, 2016, the Magistrate Judge issued her R&R. The R&R recommends dismissal of this action for failure to comply with a lawful order of the Court. Plaintiff did not file objections to the R&R, and he has not otherwise taken any action in this case. II. DISCUSSION A. Legal Standard After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). No party objects to the R&R, and the Court thus conducts a plain error review of the record. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983). 2 B. Analysis Under Local Rule 41.3(A)(2), “[t]he court may, with or without notice to the parties, dismiss a civil case for want of prosecution if: . . . [a] plaintiff . . . shall, after notice, . . . fail or refuse to obey a lawful order of the court in the case.” LR 41.3(A)(2), NDGa. The Court finds no plain error in the Magistrate Judge’s recommendation that this action be dismissed for failure to comply with a lawful order of the Court. See Slay, 714 F.2d at 1095. III. CONCLUSION For the foregoing reasons, IT IS HEREBY ORDERED that Magistrate Judge Catherine M. Salinas’s Final Report and Recommendation [6] is ADOPTED. IT IS FURTHER ORDERED that Plaintiff Daniel Lee Williams’s Application for Leave to Proceed in forma pauperis is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that this action is DISMISSSED WITHOUT PREJUDICE. 3 SO ORDERED this 2nd day of May, 2016. _______________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 4

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