King v. Belinger

Background

Arron King, Sr. filed this action against Officer Bellinger, Correctional Officer – Staff; MD.O.C.; and Keith Ellingston, Secretary of State. The opinion states that King was incarcerated and proceeding without a lawyer. In April, Magistrate Judge Tony N. Leung ordered King to pay an initial filing fee of $68.40.

King did not pay the fee. He later sent a June 24, 2024 letter asking whether payment was required in this case. The Clerk of Court responded the same day and sent him copies of Judge Leung’s order and the Report and Recommendation, both of which explained his payment responsibility. More than two weeks later, King had not paid the fee or responded to the Report and Recommendation.

Court’s analysis

Judge Leung recommended dismissing the action for failure to prosecute under Federal Rule of Civil Procedure 41(b). Failure to prosecute means failing to move the case forward. No party objected to the Report and Recommendation. Because there was no objection, Judge Tostrud reviewed it for clear error, meaning an obvious mistake. He found no clear error.

Disposition

The court accepted the Report and Recommendation and dismissed the action without prejudice for failure to prosecute. The court also denied as moot King’s Motion to Appoint Counsel and Application to Proceed in Forma Pauperis, which sought permission to proceed without paying the usual filing fee.