From Casetext: Smarter Legal Research

Bonner v. Zischler

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION
Jul 7, 2015
CV 115-070 (S.D. Ga. Jul. 7, 2015)

Opinion

CV 115-070

07-07-2015

BRANDON BONNER, Plaintiff, v. OFC. ZISCHLER; STANLEY SHEPPARD, Warden, Augusta State Medical Prison; and MARTY ALLEN, Warden, Valdosta State Prison, Defendants.


MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff, an inmate at Valdosta State Prison in Valdosta, Georgia, commenced the above-captioned civil rights case pro se and requested permission to proceed in forma pauperis ("IFP"). On May 18, 2015, the Court directed Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms within thirty days and advised Plaintiff that all prisoners, even those proceeding IFP, must pay the filing fee of $350.00 in full. 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned that failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See doc. no. 3.) The time to respond has passed, and Plaintiff has not submitted the documents required by the Court's May 18th Order, nor has he provided the Court with any explanation why he has not complied.

Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account Statement and consents to the collection of the entire $350.00 filing fee in installments. Wilson v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (citing 28 U.S.C. § 1915). Plaintiff has been warned that failing to return the necessary IFP papers would be an election to have his case voluntarily dismissed. As Plaintiff has neither fulfilled the requirements for proceeding IFP, nor paid the filing fee, the Court REPORTS and RECOMMENDS that this case be DISMISSED without prejudice and that this civil action be CLOSED.

SO REPORTED and RECOMMENDED this 7th day of July, 2015, at Augusta, Georgia.

/s/_________

BRIAN K. EPPS

UNITED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA


Summaries of

Bonner v. Zischler

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION
Jul 7, 2015
CV 115-070 (S.D. Ga. Jul. 7, 2015)
Case details for

Bonner v. Zischler

Case Details

Full title:BRANDON BONNER, Plaintiff, v. OFC. ZISCHLER; STANLEY SHEPPARD, Warden…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION

Date published: Jul 7, 2015

Citations

CV 115-070 (S.D. Ga. Jul. 7, 2015)