Opinion
Civil Action No. 05-cv-01470-WDM-BNB.
June 1, 2006
ORDER ON RECOMMENDATION OF MAGISTRATE JUDGE
This matter is before me on the recommendation of Magistrate Judge Boyd N. Boland, issued February 15, 2006, that this case be dismissed without prejudice due to Plaintiff Phillip C. Butler's (Butler) failure to comply with court orders to either make monthly payments in partial satisfaction of the filing fee or show cause why he cannot make such payments. Butler failed to file an objection to this recommendation and therefore is not entitled to de novo review. 28 U.S.C. § 636(b).
Having reviewed the recommendation, Butler's response, and prior orders in this case, I agree with Magistrate Judge Boland's analysis of the Ehrenhaus factors, and I agree that dismissal without prejudice is an appropriate sanction.
Accordingly, it is ordered:
1. The recommendation of Magistrate Judge Boland, issued February 15, 2006 (Docket No. 21), is accepted.
2. This case is dismissed without prejudice.