Opinion
Civil Action No. 10-293J.
December 17, 2010
MEMORANDUM ORDER
On November 18, 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 22, 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. Plaintiff filed objections on December 10, 2010. The objections do not undermine the conclusions set forth in the report and recommendation.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered: AND NOW, this 17th 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 Plaintiff may reopen this case by paying the full $350.00 filing fee within sixty (60) days.
IT IS FURTHER ORDERED that the report and recommendation (ECF No. 2) dated November 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.