Opinion
Civil Action No. 13-129
03-11-2013
FREDERICK BANKS, Plaintiff, v. RENEWAL INC., AARON, PAUL (DOE), MARK BROWN, FEDERAL BUREAU OF PRISONS, and JAMAL THOMAS, Defendants.
Chief District Judge Gary L. Lancaster/
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation filed by Chief Magistrate Judge Lisa Pupo Lenihan on February 11, 2013 (ECF No. 7), recommending that Plaintiff's Motion to Proceed in forma pauperis (ECF No. 2) be denied in accordance with 28 U.S.C. § 1915(g) and that this action be dismissed for Plaintiff's failure to pay the filing fee, with the right of Plaintiff to reopen by paying the full filing fee in the amount of $350.00 within thirty (30) days. Plaintiff was served with the Report and Recommendation at his listed address and informed that he had until February 28, 2013, to file written objections. No objections were filed.
Therefore, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, IT IS HEREBY ORDERED, this 11 day of March, 2013, that Plaintiff's Motion to Proceed in forma pauperis (ECF No. 2) is DENIED in accordance with 28 U.S.C. § 1915(g) and this case is dismissed for Plaintiff's failure to pay the filing fee.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 7) dated February 11, 2013, is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of the Court mark this ease CLOSED. Plaintiff may reopen this case by paying the full filing fee in the amount of $350.00 within thirty (30) days of the date of this Order,
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
BY THE COURT:
____________________
Hon. Gary L. Lancaster,
Chief United States District Judge
cc: Hon. Lisa Pupo Lenihan,
Chief United States Magistrate Judge
Frederick Banks, #05711-068
Northeast Ohio Correctional Center
2240 Hubbard Road
Youngstown, OH 44505