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Rowan v. Alliance Healthcare Services

United States District Court, W.D. Tennessee, Western Division

March 30, 2015

BRENT A. ROWAN, Plaintiff,
v.
ALLIANCE HEALTHCARE SERVICES, Defendant.

REPORT AND RECOMMENDATION

CHARMIANE G. CLAXTON, Magistrate Judge.

On July 8, 2014, Plaintiff Brent A. Rowan, a resident of Memphis, Tennessee, filed a pro se complaint pursuant to 28 U.S.C. ยง 1983. (D.E.# 1.) However, Plaintiff neglected to pay the $400.00 civil filing fee or submit a properly completed application to proceed in forma pauperis.

In an order issued on February 2, 2015, the Court ordered the Plaintiff to file a properly completed application to proceed in forma pauperis or pay the appropriate civil filing fee within thirty (30) days of the entry of the order. (D.E. # 3) Plaintiff has not complied with that order and the time set for compliance has expired[1].

The February 2, 2015 Order provided, in pertinent part, that "[f]ailure to comply with this order in a timely manner will result in dismissal of this action... pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute." Id. See also, Taman v. Chertoff, et al, 07-cv-2247-SHM-dkv, Order of Dismissal (D.E. # 4) April 30, 2008. It is therefore RECOMMNDED that Plaintiff's complaint be DISMISSED WITHOUT PREJUDICE, pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute.


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