Boyd v. Folino

Full title: WALTER WILLIAM BOYD, SR., Plaintiff, v. LOUIS S. FOLINO, ET AL., Defendants

Court: United States District Court, W.D. Pennsylvania

Date published: Nov 16, 2010

Civil Action No. 10-1295 (W.D. Pa. Nov. 16, 2010)

Opinion

Civil Action No. 10-1295.

November 16, 2010

MEMORANDUM ORDER

DONETTA AMBROSE, District Judge

The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (ECF No. 1) on September 30, 2010, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

On October 21, 2010, the magistrate judge filed a Report and Recommendation (ECF No. 9) recommending that the Court Order granting Plaintiff's motion to proceed in forma pauperis (ECF No. 4) be vacated, that Plaintiff's motion to proceed in forma pauperis (ECF No. 1) be denied in accordance with 28 U.S.C. § 1915(g) and that this action be dismissed for Plaintiffs 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. It further recommended that Plaintiff's pending motion for appointment of counsel (ECF No. 7) be denied as moot. Plaintiff filed Objections to the Report and Recommendation on November 5, 2010 (ECF No. 10). Plaintiff's Objections do not undermine the recommendation of the magistrate judge.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 16^th day of November, 2010;

IT IS HEREBY ORDERED that the Court Order granting Plaintiff's motion to proceed in forma pauperis (ECF No. 4) is VACATED. IT IS FURTHER ORDERED that Plaintiff's Motion to Proceed In Forma Pauperis 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, with the right of Plaintiff to reopen by paying the full $350.00 filing fee within sixty (60) days.

IT IS FURTHER ORDERED Plaintiff's pending motion for appointment of counsel (ECF No. 7) is DENIED as moot.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 9) dated October 22, 2010, is ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. 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.