Rogers v. Stephens County ( 2021 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA JOHNNY WAYNE ROGERS, JR., ) ) Plaintiff, ) ) v. ) Case No. CIV-21-774-J ) STEPHENS COUNTY, et al., ) ) Defendants. ) ORDER Plaintiff, a state prisoner appearing pro se, filed a Complaint pursuant to 42 U.S.C. § 1983. [Doc. No. 1]. The matter was referred for initial proceedings to United States Magistrate Judge Shon T. Erwin consistent with 28 U.S.C. § 626(b)(1)(B), (C). Judge Erwin granted Plaintiff’s motion for leave to proceed in forma pauperis and ordered Plaintiff to make an initial payment of $9.33. [Doc. No. 5] Plaintiff’s deadline for payment was August 30, 2021, and Plaintiff was cautioned that his failure to make the payment would result in Judge Erwin recommending the action be dismissed without prejudice. Id. Plaintiff sought and was granted an extension to October 15, 2021, [Doc. Nos. 8, 11] but to date has not made the initial payment. Accordingly, Judge Erwin issued a Report and Recommendation recommending dismissal without prejudice. [Doc. No. 14]. Plaintiff has not filed an objection1 and has therefore waived any right to appellate review of the factual and legal issues in the Report and Recommendation. See Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). 1 It appears Plaintiff never received the Report and Recommendation because he failed to provide an accurate address for the Court’s records. [Doc. Nos. 12-13, 15-16]. However, Plaintiff bears the responsibility for updating his contact information, therefore his inability to receive filings does not alter the outcome in this case. See Theede v. U.S. Dep’t of Labor, 172 F.3d 1262 (10th Cir. 1999). Because Plaintiff failed to comply with the Court’s orders, the Court ADOPTS the Report and Recommendation [Doc. No. 14] and DISMISSES Plaintiff's Complaint [Doc. No. 1] without prejudice. IT IS SO ORDERED this 6" day of December, 2021. BERNARD M. JONES UNITED STATES DISTRICT JUDGE