Rico Sanchez McDaniel v. Telfair State Prison of Corrections; Timothy McFarland; Warden Rickey Wilcox; Warden Jackson; and Jimmy Kellom

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

RICO SANCHEZ MCDANIEL, ) ) Plaintiff, ) ) v. ) CV 325-086 ) TELFAIR STATE PRISON OF ) CORRECTIONS; TIMOTHY ) MCFARLAND; WARDEN RICKEY ) WILCOX; WARDEN JACKSON; and ) JIMMY KELLOM, ) ) Defendants. )

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Plaintiff, incarcerated at Telfair State Prison in Helena, Georgia, commenced the above-captioned case pro se and requested permission to proceed in forma pauperis (“IFP”). On August 27, 2025, the Court directed Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms within thirty days and advised Plaintiff all prisoners, even those proceeding IFP, must pay the filing fee of $350.00 in full. (See doc. no. 4, p. 1); 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned failure to respond would be an election to have this case voluntarily dismissed without prejudice. (Id. at 4.) The time to respond has passed, and although Plaintiff submitted the Prisoner Trust Fund Account Statement, (doc. no. 5), Plaintiff has not submitted the Consent to Collection of Fees form as required by the Court’s August 27th Order and has not provided the Court with any explanation as to why he has not complied. Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account Statement and consents to collection of the entire $350.00 filing fee in installments. Wilson v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (citing 28 U.S.C. § 1915). Plaintiff has been warned that failing to return the necessary IFP papers would be an election to have his case voluntarily dismissed. (See doc. no. 4, p. 4.) As Plaintiff has neither fulfilled the requirements for proceeding IFP, nor paid the full filing fee, the Court REPORTS and RECOMMENDS this case be DISMISSED without prejudice and this civil action be CLOSED. SO REPORTED and RECOMMENDED this 16th day of October, 2025, at Augusta, Georgia.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA