IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

CHARLIE MCKINNEY, JR., ) ) Plaintiff, ) ) v. ) CV 323-087 ) SERGEANT JULLIE MULLINS; PREA ) COORDINATOR; OMBUDSMAN UNIT; ) DIRECTOR OF VICTIM SERVICES; and ) GA DEPT OF PARDONS AND PAROLE, ) ) Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff, incarcerated at Baldwin State Prison in Hardwick, Georgia, commenced the above-captioned case pro se and requested permission to proceed in forma pauperis (“IFP”). On November 1, 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). Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See doc. no. 6.) The time to respond has passed, and Plaintiff has not submitted the documents required by the Court’s November 1st 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. Because this case is due to be dismissed, the pending motion for preliminary injunction and temporary restraining order should also be DENIED AS MOOT. (Doc. nos. 4-1, 4-2.) SO REPORTED and RECOMMENDED this 19th day of December, 2023, at Augusta, Georgia.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA