Detherage v. Department of the Treasury et al

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
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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).
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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.
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