IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

WILLIAM EARL LONG, ) ) Plaintiff, ) ) v. ) CV 323-062 ) STATE OF GEORGIA and ) CCA WHEELER CO, ) ) Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff, incarcerated at Wheeler Correctional Facility in Alamo, Georgia, commenced the above-captioned case pro se and requested permission to proceed in forma pauperis (“IFP”). On August 3, 2023, 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). (See doc. no. 3, pp. 1-3.) Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See

.) When Plaintiff reported the forms originally sent to him had been lost, (doc. no. 4), the Court directed the Clerk of Court, on August 29, 2023, to send Plaintiff a second set of forms and extended the time for returning the forms until September 22, 2023. (See doc. no. 5.) Plaintiff was again cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See

.) The time to respond has passed, and Plaintiff has not submitted the documents required by the Court’s August 3rd and August 29th Orders. 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. (See doc. no. 3, p. 4; doc. no. 5, p. 2.) 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 3rd day of October, 2023, at Augusta, Georgia.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA