# Morrow v. Oklahoma Board of County Commissioners

> District Court, W.D. Oklahoma · September 23, 2024

URL: https://www.frixlaw.com/law-library/cases/10766709

## Case

- **Court:** District Court, W.D. Oklahoma
- **Decided:** September 23, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10766709. Public record. Not legal advice.