Summary
The court recommends dismissing Alexander Sinclair’s civil action without prejudice because he failed to file a completed in forma pauperis affidavit and certified prison trust account statement despite being given additional time to comply. The findings and recommendations advise that objections may be filed within fourteen days and warn that failure to object may waive appellate rights.
Topics
Practice areas
Questions Presented
- Whether the action should be dismissed without prejudice after plaintiff failed to comply with orders requiring submission of an in forma pauperis affidavit and certified prison trust-account statement.
Key quotations
“failure to file objections within the specified time may waive the right to appeal the District Court’s order.” (1)
Factual background
Plaintiff was ordered to submit an in forma pauperis affidavit and a certified prison trust-account statement. Although he received an additional thirty days to comply, he neither responded to the court's order nor filed the required documents.
Procedural history
On March 31, 2025, the court ordered plaintiff to file a completed in forma pauperis affidavit and a certified copy of his prison trust-account statement and warned that noncompliance would result in a recommendation of dismissal. On May 8, 2025, the court granted plaintiff an additional thirty days to comply, but plaintiff did not respond or file the required documents. The magistrate judge therefore recommended dismissal without prejudice under 28 U.S.C. § 636(b)(1), subject to objections within fourteen days.