Kevin E. Hardaway v. Johnson State Prison; Warden Messer; Warden Bragg; and...

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION KEVIN E. HARDAWAY, ) ) Plaintiff, ) ) v. ) CV 325-106 ) JOHNSON STATE PRISON; WARDEN ) MESSER; WARDEN BRAGG; and ) TIFFANY WADLEY, ) ) Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff, incarcerated at Johnson State Prison in Wrightsville, Georgia, commenced the above-captioned case pro se and requested permission to proceed in forma pauperis (“IFP”).

On November 5, 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.

4, pp. 1-3); 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (Doc. no. 4, p. 4.) The time to respond has passed, and although Plaintiff has belatedly returned a Trust Fund Account Statement, he has not submitted the Consent to Collection of Fees form. Nor has he provided the Court with any explanation why he has not returned a document that requires no action from prison officials. (See doc. no. 5, pp. 2-3, 60 (explaining delay in response from prison business office regarding Trust Fund Account Statement).)

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, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (citing 28 U.S.C. § 1915). 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. 4, 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 27th day of February, 2026, at Augusta, Georgia. fh. k bo BRIAN K ERPS UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA