IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

STATESBORO DIVISION

TIMOTHY WAYNE OSBORNE, ) ) Plaintiff, ) ) v. ) CV 625-021 ) WARDEN OF CARE AND TREATMENT, ) Smith State Prison, and ) CHIEF COUNSELOR, Smith State Prison, ) ) Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff, incarcerated at Macon State Prison, commenced the above-captioned case pro se concerning events alleged to have occurred at Smith State Prison, and he requested permission to proceed in forma pauperis (“IFP”). On April 2, 2025, 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. (See doc. no. 7, pp. 1-3);

(b)(1). Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (See doc. no. 7, p. 4.) The time to respond has passed, and Plaintiff has not submitted the documents required by the Court’s April 2nd 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. (See doc. no. 7, p. 4.) 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 May, 2025, at Augusta, Georgia. LA UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA