GUAY et al v. TOWN OF BERWICK

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DARREN GUAY et al., 	)
)
Plaintiffs 	)
)
v. 	) 	No. 2:26-cv-00179-LEW
)
TOWN OF BERWICK et al., 	)
)
Defendants 	)
RECOMMENDED DECISION
Rod Downing initiated this action without paying the filing fee or moving
to proceed in forma pauperis (IFP). See ECF No. 1. I ordered Downing to show cause
by May 18, 2026, why he had not paid the filing fee or filed a motion to proceed
without payment of fees, and warned him that if he failed to do so, his case would be
dismissed. 	ECF No. 14. 	Downing did not comply with the Order to Show Cause.
Accordingly, I recommend that the Court DISMISS his claims and direct the Clerk’s
Office to remove him from the docket. 	See Fed. R. Civ. P. 41(b) (providing for
dismissal upon a plaintiff’s failure to prosecute); Local Rule 41.1 (“The Court may at
any time issue an order to show cause why a case should not be dismissed for failure
to prosecute. If good cause is not shown, the Court may enter a judgment of dismissal
with or without prejudice.”); Worcester Inmates v. Worcester Cnty. Jail & House of
Correction, No. 16-10110-NMG, 2016 WL 8715613, at *6 (D. Mass. Feb. 26, 2016)
(“Failure of any plaintiff to pay the filing and administrative fees or to seek leave to
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proceed without prepayment of the fee may result in dismissal of his case without
prejudice.”).
NOTICE
A party may file objections to those specified portions of a Magistrate
Judge’s 	report 	or proposed 	findings 	or 	recommended 	decisions 	entered
pursuant to 28 U.S.C. § 636(b)(1)(B) for which de novo review by the District
Court is sought, together with a supporting memorandum, within fourteen
(14) days after being served with a copy thereof. A responsive memorandum
shall be filed within fourteen (14) days after the filing of the objection.
Failure to file a timely objection shall constitute a waiver of the right
to de novo review by the District Court and to appeal the District Court’s
order.
Dated: June 10, 2026
/s/ Karen Frink Wolf
United States Magistrate Judge
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