Bey et al v. Chief Police Dayton, No. 3:2021cv00128 - Document 10 (S.D. Ohio 2021)

Court Description: DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 8 ); DISMISSING COMPLAINT WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41 (b); JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFFS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 12/16/21. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Bey et al v. Chief Police Dayton Doc. 10 Case: 3:21-cv-00128-WHR-PBS Doc #: 10 Filed: 12/20/21 Page: 1 of 3 PAGEID #: 33 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LUNA LATOYA BEY, et al., Plaintiffs, v. RICHARD BIEHL, Chief of Police, Case No. 3:21-cv-128 JUDGE WALTER H. RICE Defendant. DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #8); DISMISSING COMPLAINT WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. P. 41 (b); JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFFS; TERMINATION ENTRY On April 23, 2021, prose Plaintiffs Luna LaToya Bey and Aladdin Moroc Bey filed suit against " Chief Biehl Ri chard." They did not pay the $402.00 filing fee. The purported Complaint, which contains no factual allegations or claims, w as accompanied by a document entitled "Affidavit of Financial Statement," in which Plaintiffs appear to argue that they have a constitutional right to file their Compla int without paying the requisite fili ng fee or complying with the Court's normal procedure of fi ling a properly-supported motion for leave to proceed in forma pauperis. Doc. #1 -2. On August 13, 2021, United States Magistrate Judge Peter Silvain ordered Plaintiffs to either pay the filing fee or show cause in writing why they should be Dockets.Justia.com Case: 3:21-cv-00128-WHR-PBS Doc #: 10 Filed: 12/20/21 Page: 2 of 3 PAGEID #: 34 permitted to proceed in forma pauperis. Doc. #7. When Plaintiffs did neither within the time allotted, Magistrate Judge Silvain, on September 7, 2021, issued a Report and Recommendations, recommending that the Court dismiss the case without prejudice for failure to prosecute. Doc. #8. On the same date, Plaintiffs filed a document entitled "Affidavit of Fact, Writ of Error." Doc. #9. Citing various constitutional provisions, Plaintiffs again argue that there is no need to file a motion for leave to proceed in forma pauperisor pay a filing fee. This document appears to be an untimely response to the Show Cause Order and will not be considered. Moreover, although Plaintiffs were advised of their right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections were filed within the time allotted. Given that Plaintiffs have neither paid the requisite filing fee nor filed a motion for leave to proceed in forma pauperis, with supporting information about their income, assets and liabilities, the Court ADOPTS the Report and Recommendations, Doc. #8, and DISMISSES the above-captioned case WITHOUT PREJUDICE for failure to prosecute. Should Plaintiffs choose to refile this action, they must either pay the filing fee or file a motion for leave to proceed in forma pauperis. Judgment shall be entered in favor of Defendant and against Plaintiffs. The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. 2 Case: 3:21-cv-00128-WHR-PBS Doc #: 10 Filed: 12/20/21 Page: 3 of 3 PAGEID #: 35 Date: December 16, 2021 WALTER H. RICE UNITED STATES DISTRICT JUDGE 3

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