IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

WILLIE SMITH, ) ) Plaintiff, ) ) v. ) CV 123-006 ) WARDEN FORT, ) ) Defendant. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

On January 11, 2023, Plaintiff, in inmate at Augusta State Medical Prison in Grovetown, Georgia, submitted a complaint for filing pursuant to

. (Doc. no. 1.) When Plaintiff did not submit the appropriate filing fee or a request to proceed in forma pauperis (“IFP”), the Court recommended dismissal of the case. (Doc. no. 4.) However, after belatedly receiving an IFP motion, the Court vacated the recommendation for dismissal on February 23, 2023, and granted the IFP motion. (Doc. no. 8.) 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 all prisoners, even those proceeding IFP, must pay the filing fee of $350.00 in full.

(b)(1). Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. The time to respond has passed, and Plaintiff has not submitted the documents required by the Court’s February 23rd 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 collection of the entire $350.00 filing fee in installments. Wilson v. Sargent,

(11th Cir. 2002) (citing

). 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 full filing fee, the Court REPORTS and RECOMMENDS this case be DISMISSED without prejudice and this civil action be CLOSED. SO REPORTED and RECOMMENDED this 14th day of April, 2023, at Augusta, Georgia.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA