KANE v. DHHS

District Court, D. Maine

KANE v. DHHS

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

DOMINIC LEO KANE, ) ) Plaintiff ) ) v. ) No. 2:23-cv-00075-NT ) MAINE DEPARTMENT OF ) HEALTH & HUMAN SERVICES, ) ) Defendant )

RECOMMENDED DISMISSAL

Pro se Plaintiff Dominic Leo Kane initiated this suit on February 22, 2023, and, at the same time, filed an application to proceed in forma pauperis (IFP). See ECF Nos. 1, 2. I denied Kane’s IFP application because it lacked certain required information and directed him to file a revised IFP application or pay this Court’s filing fee by March 8, 2023. See ECF No. 5. The Clerk’s Office mailed a copy of my order to Kane, but he did not pay the filing fee or file a revised IFP application by the deadline; nor has he done so since then. Kane’s failure to pay the filing fee or file a revised IFP application warrants the dismissal of his action without prejudice. See, e.g., Oliver v. Versant Power, No. 1:21-cv-00225-JAW,

2021 WL 4942861

, at *1-2 (D. Me. Oct. 21, 2021) (rec. dec.), (dismissing a plaintiff’s case without prejudice where the plaintiff did not pay the filing fee or file an IFP application), aff’d,

2021 WL 5371550

(D. Me. Nov. 17, 2021); Lazore v. Harrigan, No. 1:21-cv-00239-GZS,

2021 WL 4761985

, at *1-2 (D. Me. Oct. 11, 2021) (rec. dec.) (same), aff’d,

2021 WL 5182663

(D. Me. Nov. 8, 2021). Accordingly, I recommend that this case be DISMISSED without prejudice. NOTICE

A party may file objections to those specified portions of a Magistrate Judge’s report or proposed findings or recommended decisions entered pursuant to

28 U.S.C. § 636

(b)(1)(B) for which de novo review by the District Court is sought, together with a supporting memorandum, within fourteen (14) days after being served with a copy thereof. A responsive memorandum shall be filed within fourteen (14) days after the filing of the objection.

Failure to file a timely objection shall constitute a waiver of the right to de novo review by the District Court and to appeal the District Court’s order.

Dated: March 16, 2023

/s/ Karen Frink Wolf United States Magistrate Judge

Reference

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