Morrow v. Oklahoma Board of County Commissioners

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

TERRY MORROW, )

)

Plaintiff, )

)

v. ) Case No. CIV-24-591-F

)

OKLAHOMA BOARD OF COUNTY )

COMMISSIONERS et al., )

)

Defendants. )

REPORT AND RECOMMENDATION

Plaintiff, a prisoner appearing has filed this action under 42 U.S.C. § 1983

alleging various violations of his constitutional rights. United States District Judge Stephen

P. Friot has referred the matter to the undersigned magistrate judge for initial

proceedings consistent with 28 U.S.C. § 636(b)(1)(B).

On June 12, 2024, the Court ordered Plaintiff to cure deficiencies related to his

Application (Motion) for Leave to Proceed In Forma Pauperis no later than July 1, 2024.

ECF No. 5. Specifically, Plaintiff’s application was missing the required financial

information and/or signature of authorized officer of penal institution and a certified copy

of plaintiff’s 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 the prisoner is or was confined. Following

correspondence and Motions received from the Plaintiff, Mr. Morrow has been granted

two (2) continuances after the initial deadline to cure. Plaintiff’s last deadline was

September 9, 2024. With each Order, the Court advised the Plaintiff that his failure to

comply with this Court’s orders may result in the dismissal of this action without prejudice

to re-filing. ECF Nos. 5, 8 and 11. As directed, the Clerk of Court forwarded to the

Plaintiff the necessary forms to make application to proceed in forma pauperis. e ECF

Nos. 8 and 11 and Staff Notes dated 7/17/2024 and 8/23/24.

A review of the Court file indicates that as of this date, the Plaintiff has failed to

cure the deficiencies, show good cause for his failure to do so, or request an extension

of time to comply with the Court’s orders. In fact, Plaintiff has not responded to the

Court’s most recent Order in any way. Further, there is no indication from the docket that

Plaintiff did not receive the Court’s previous Order which was mailed to Plaintiff’s address

of record. ECF No. 11 and Staff Notes dated 8/23/2024. LCvR 5.4.(a).

The undersigned finds that Plaintiff’s failure to comply with the Court’s Order, in

light of the Court’s right and responsibility to manage its cases, warrants dismissal of this

action without prejudice.

, 492 F.3d 1158, 1161 n.2, 1162 (10th Cir. 2007) (

dismissal for failure to comply with Court’s orders permitted under federal rules, and court

need not follow any particular procedures in dismissing actions without prejudice for

failure to comply).

RECOMMENDATION

Based on the foregoing findings, it is recommended that this action be

DISMISSED without prejudice for Plaintiff’s failure to comply with this Court’s orders.

2

Plaintiff is advised of his right to file an objection to this Report and Recommendation

with the Clerk of Court by October 10, 2024, in accordance with 28 U.S.C. § 636 and

Fed. R. Civ. P. 72. Plaintiff is further advised that any failure to make timely objection to

this Report and Recommendation waives the right to appellate review of the factual and

legal issues addressed herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).

This Report and Recommendation terminates the referral to the undersigned

magistrate judge in the captioned matter.

ENTERED on September 23, 2024.

SHON T. ERWIN

UNITED STATES MAGISTRATE JUDGE