Opinion
No. 05-4118-SAC.
December 27, 2005
ORDER
The Magistrate Judge denied the plaintiff's motion to proceed in forma pauperis and ordered the payment of the filing fee on or before November 14, 2005. (Dk. 10). When the plaintiff failed to pay the filing fee, the Magistrate Judge issued an order to show cause why an order should not be issued recommending the dismissal of this case for failure to pay the filing fee. (Dk. 11). The plaintiff filed a response (Dk. 12). The Magistrate Judge considered the same and filed an order recommending that the plaintiff's case be dismissed and clearly stating the parties' right to file written objections within a ten-day period. (Dk. 13). This period has passed, and no party has filed written objections in accordance with 28 U.S.C. § 636(b)(1).
The court has reviewed the report and recommendation, as well as the relevant pleadings and filings in this case. Based upon this review and the absence of any filed objections, the court accepts the report and recommendation and adopts it as the ruling of this court. After reviewing plaintiff's application to proceed in forma pauperis and financial affidavits, the court finds that plaintiff has not sufficiently demonstrated his inability to pay his filing fee. In addition, the plaintiff has failed to show cause justifying his failure to pay the required filing fee. The case is dismissed without prejudice.
IT IS SO ORDERED.