5:26-cv-00017•Detherage v. Department of the Treasury et al
Gesamter Gesetzestext
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JOSHUA T. DETHERAGE, ) ) Plaintiff, ) ) v. ) Case No. CIV-26-17-G ) DEPARTMENT OF THE TREASURY et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Plaintiff, a prisoner appearing pro se, has filed this action under 42 U.S.C. § 1983 alleging various violations of his constitutional rights. United States District Judge Charles B. Goodwin has referred the matter to the undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). On January 28, 2026, the Court ordered Plaintiff to cure deficiencies related to his Application (Motion) for Leave to Proceed In Forma Pauperis no later than February 16, 2024. See ECF No. 5. Specifically, Plaintiff’s application was missing the required financial information and/or signature of authorized officer of penal institution and a certified copy of plaintiff’s trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint, obtained from the appropriate official of each prison at which the prisoner is or was confined. With the mailing of the Order Plaintiff was provided with the correct form. See id (Court only) entry dated 01/28/2026. Following receipt of Plaintiff’s Second Application (Motion) for Leave to Proceed In Forma Pauperis (ECF No. 6) the undersigned again ordered Plaintiff to cure Case 5:26-cv-00017-G Document 9 Filed 03/18/26 Page 1 of 3
the same deficiencies. In addition, Plaintiff was provided two copies of the Order such that he could provide one copy to the facility. See ECF No. 7 and (Court only) entry dated 02/20/2026. Plaintiff’s last deadline was March 5, 2026. With each Order, the Court advised the Plaintiff that his failure to comply with this Court’s Orders may result in the dismissal of this action without prejudice to re-filing. A review of the Court file indicates that as of this date, the Plaintiff has failed to cure the deficiencies, show good cause for his failure to do so, or request an extension of time to comply with the Court’s orders., Plaintiff has filed a Notice (ECF No. 8) but following its review the Court is unable to discern what the filing is intended to report, does not contain a request for additional time and does not appear to be in response to the Court’s most recent Order regarding deficiencies related to his request to appear in forma pauperis. Further, there is no indication from the docket that Plaintiff did not receive the Court’s most recent Order which was mailed to Plaintiff’s address of record. See ECF No. 7 and (Court only) entry dated 02/20/2026; LCvR 5.4.(a). The undersigned finds that Plaintiff’s failure to comply with the Court’s Order, in light of the Court’s right and responsibility to manage its cases, warrants dismissal of this action without prejudice. See Nasious v. Two Unknown B.I.C.E. Agents at Arapahoe County Justice Center, 492 F.3d 1158, 1161 n.2, 1162 (10th Cir. 2007) ( sua sponte dismissal for failure to comply with Court’s orders permitted under federal rules, and court need not follow any particular procedures in dismissing actions without prejudice for failure to comply). Case 5:26-cv-00017-G Document 9 Filed 03/18/26 Page 2 of 3
RECOMMENDATION Based on the foregoing findings, it is recommended that this action be DISMISSED without prejudice for Plaintiff’s failure to comply with this Court’s orders. Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of Court by April 6, 2026, in accordance with 28 U.S.C. § 636 and Fed. R. Civ. P. 72. Plaintiff is further advised that any failure to make timely objection to this Report and Recommendation waives the right to appellate review of the factual and legal issues addressed herein. Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). This Report and Recommendation terminates the referral to the undersigned Magistrate Judge in the captioned matter. ENTERED on March 18, 2026. Case 5:26-cv-00017-G Document 9 Filed 03/18/26 Page 3 of 3
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