Opinion
CV 309-032.
November 12, 2009
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's case is DISMISSED without prejudice, and this civil action is CLOSED.
The Magistrate Judge recommended that Plaintiff's casebe dismissed for Plaintiff's failure to comply with the June 30, 2009 and August 7, 2009 Orders that directed Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms. (Doc. no. 5) (citing 28 U.S.C. § 1915(b)(1)). The Court is aware that on September 17, 2009, after the Report and Recommendation was entered, Plaintiff filed his Prisoner Trust Fund Account Statement. (Doc. no. 7). Notably, however, Plaintiff never submitted his Consent to Collection of Fees form. Therefore, Plaintiff has not fulfilled the required elements for proceeding in forma pauperis ("IFP"). Finally, as noted above, Plaintiff did not object to the Report and Recommendation.
SO ORDERED