Opinion
Civil Action No. 09-900.
November 23, 2009
ORDER
The above captioned case was initiated on July 9, 200, by the filing of a Motion to Proceed In Forma Pauperis (Doc. No. 1) accompanied by a Complaint. Judge Donetta W. Ambrose was assigned to the case on October 26, 2009, with Magistrate Judge Lisa Pupo Lenihan handling all pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of the Local Rules.
The Magistrate Judge's Report and Recommendation (Doc. No. 2), filed on October 27, 2009, recommended that Plaintiff's motion to proceed in forma pauperis (Doc. No. 1) 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 $350.00 filing fee within sixty (60) days. The Plaintiff was served at his address of record, SCI Fayette, Box 9999, LaBelle, PA 15450-0999. The plaintiff was advised he was allowed ten (10) days from the date of service to file written objections to the report and recommendation. As of this date, Plaintiff has filed no objections. After a review of the pleadings and documents in the case, together with the report and recommendation, the following order is entered:
AND NOW, this 23rd day of November, 2009;
IT IS HEREBY ORDERED that Plaintiff's motion to proceed informa pauperis (Doc. No. 1) is DENIED in accordance with 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that this action is DISMISSED for Plaintiff's failure to pay the filing fee. Plaintiff may reopen this case by paying the full $350.00 filing fee within sixty (60) days of the date of this order.
IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 2) of Magistrate Judge Lenihan, dated October 27, 2009, is adopted as the opinion of the court.