Turner v. Schneider ( 2019 )

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Michael Aaron Turner, No. CV17-4669 PHX DGC (CDB) 9 Plaintiff, ORDER 10 vs. 11 John Nelson Schneider, et al., 12 13 Defendants. 14 Plaintiff, Michael Aaron Turner, filed a complaint, first amended complaint, and 15 second amended complaint pursuant to 42 U.S.C. § 1983 (Docs. 1, 5, 8) and motion for 16 leave to proceed in this matter in forma pauperis on December 15, 2017 (Doc. 2). 17 Plaintiff was released from custody at some point prior to December 11, 2018. On 18 February 21, 2019, noting that Plaintiff had been released from custody, the Court 19 ordered Plaintiff to either pay the $350.00 filing fee or file a non-prisoner application to 20 proceed in District Court without prepaying fees or costs. Doc. 17. Plaintiff was warned 21 that his failure to comply with the Order would result in this case being dismissed. Id. 22 The Magistrate Judge granted Plaintiff an additional extension of time to comply 23 with the Court’s Order (Doc. 17) and allowed Plaintiff until April 25, 2019 to either pay 24 the $350.00 filing fee or file a non-prisoner application to proceed in District Curt 25 without prepaying fees or costs. Doc. 21. Plaintiff was again warned that his failure to 26 comply with the Court’s Orders (Docs. 17, 21) would result in the dismissal of this case. 27 Plaintiff has failed to comply with the Court’s orders. 28 United States Magistrate Judge Camille D. Bibles has issued a report and recommendation (“R&R”) recommending that the second amended complaint be 2| dismissed without prejudice for Plaintiff’s failure to comply with the Court’s orders. Doc. 22. No objection has been filed, which relieves the Court of its obligation to review 4| the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 5| 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (th Cir. 2003). The 6| Court will accept the R&R and dismiss Plaintiff’s second amended complaint without prejudice. 8 IT IS ORDERED: 9 1. The R&R (Doc. 22) is accepted. 10 2. Plaintiff’s second amended complaint filed pursuant to 42 U.S.C. § 1983 11 (Docs. 8) is dismissed without prejudice. 12 3. A certificate of appealability and leave to proceed in forma pauperis on 13 appeal are denied 14 4. The Clerk is directed to terminate this action. 15 Dated this 19th day of July, 2019. 16 Vani 6 Courplte 18 TT David G. Campbell 19 Senior United States District Judge 20 21 22 23 24 25 26 27 28 -2-