Opinion
Civil Action No. 10-1518.
December 21, 2010
MEMORANDUM ORDER
On November 12, 2010, a motion for leave to proceed in forma pauperis was filed in the above captioned case, which 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.
The magistrate judge filed a report and recommendation on November 17, 2010 (ECF No. 2) recommending that the Plaintiff's motion to proceed in forma pauperis 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. Plaintiff was served with the report and recommendation at his listed address and was advised that he had until December 6, 2010 to file written objections. No objections have been filed.
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 21st day of December, 2010;
IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis (ECF No. 1) is DENIED in accordance with 28 U.S.C. § 1915(g). IT IS FURTHER ORDERED that the report and recommendation (ECF No. 2) dated November 17, 2010, as amended herein is ADOPTED as the opinion of the Court. Plaintiff is ORDERED to pay the entire filing fee by January 11, 2011, and if he fails to do so, the Court will order the case dismissed for failure to prosecute.