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Jurisdiction: Alabama Middle District Court
Decision Date: 7/16/2014

STATES

                                                                                                                                                                                                                                                                                                                                                                                                                            FEDERAL

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cockrell v. Thomas Cockrell v. Thomas (M.D. Ala., 2014)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CHRISTOPHER COCKRELL, #221071, Plaintiff,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        v.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        KIM TOBIAS THOMAS, et al Defendants.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIVIL ACTION NO. 2: 14-CV-567-MEF WO

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        July 16, 2014

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CHRISTOPHER COCKRELL, #221071, Plaintiff, v. KIM TOBIAS THOMAS, et al Defendants.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        CIVIL ACTION NO. 2: 14-CV-567-MEF WO

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        July 16, 2014

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RECOMMENDATION OF THE MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Christopher Cockrell ("Cockrell"), a state inmate, filed this 42 U.S.C. § 1983 action asserting violations of his Eighth and Fourteenth Amendment rights stemming from alleged systemic deficiencies at the Ventress Correctional Facility. However, upon initiation of this case, Cockrell did not file the $350 filing fee and $50 administrative fee applicable when a plaintiff is not proceeding in forma pauperis, nor did he submit an original affidavit in support of a motion for leave to proceed in forma pauperis accompanied by the required documentation from the inmate account clerk. Thus, the court did not have the information necessary to determine whether Cockrell should be allowed to proceed in forma pauperis in this case and therefore entered an order requiring that Cockrell provide the court with this information on or before July 7, 2014. Order of June 11, 2014 - Doc. No. 3 at 1-2. The court specifically cautioned Cockrell that failure to comply with this order would result in a recommendation that this case be dismissed. Id. at 2.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                As of the present date, Cockrell has filed nothing in response to the aforementioned

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Page 2

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        order. The court therefore concludes that this case is due to be dismissed.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice for Cockrell's failure to file the requisite fees or provide the court with financial information in compliance with the order of this court. It is further

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDERED that on or before July 30, 2014, the parties may file objections to the Recommendation. Any objections filed must specifically identify the findings in the Magistrate Judge's Recommendation objected to. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge's report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982); Stein v. Reynolds Securities, Inc 667 F.2d 33 (11th Cir. 1982); Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981, en banc) (adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                DONE, this 16th day of July, 2014.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                /s/ Susan Russ Walker        SUSAN RUSS WALKER        CHIEF UNITED STATES MAGISTRATE JUDGE

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cited By
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Cites
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Nettles v. Wainwright, 677 F.2d 404 (5th Cir., 1982)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Decision Date: 1982-05-17 Citations: 15
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Negative Treatment
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Notes

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