Opinion
5:23-CV-728
01-10-2024
MICHAEL P. MCWILLIAMS, Plaintiff, v. PAUL A. SANDY et al., Defendants.
MICHAEL P. MCWILLIAMS PLAINTIFF, PRO SE
MICHAEL P. MCWILLIAMS PLAINTIFF, PRO SE
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD UNITED STATES DISTRICT JUDGE
On September 1, 2023, pro se plaintiff Michael P. McWilliams (“plaintiff”) initially filed this civil action in the U.S. District Court for the Southern District of New York. Dkt. No. 1. Along with his complaint, plaintiff sought leave to proceed in forma pauperis (“IFP Application”). Dkt. No. 2. But the case was transferred to this judicial district because it involved events that occurred in Cortland County. Dkt. Nos. 3, 6. Thereafter, U.S. Magistrate Judge Miroslav Lovric denied plaintiff's IFP Application and directed him to pay the filing fee within thirty days. Dkt. No. 9.
On December 15, 2023, well over thirty days later, Judge Lovric advised by Report & Recommendation (“R&R”) that plaintiff's complaint be dismissed without prejudice because plaintiff had failed to pay the filing fee. Dkt. No. 10. Plaintiff still has not paid. Nor has he filed objections, which were due by December 29, 2023. See Dkt. No. 10.
Upon review for clear error, the R&R is accepted and will be adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 10) is ACCEPTED; and
2. Plaintiff's complaint (Dkt. No. 1) is DISMISSED.
The Clerk of the Court is directed to terminate the pending motion and close the file.
IT IS SO ORDERED.