Opinion
NO: 2:16-CV-0234-TOR
01-25-2017
SHAWN ALLEN COTTRELL, Plaintiff, v. LAURIE BIDDLE, GRADY JACKSON and SHAUN DOUGLAS, Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT
BEFORE THE COURT is Magistrate Judge Rodger's Report and Recommendation, ECF No. 16, to grant Plaintiff Shawn Allen Cottrell's Motion to Voluntarily Dismiss Complaint pursuant to Fed. R. Civ. P. 41(a), ECF No. 15. Defendants have not been served in this action.
There being no objections, IT IS ORDERED the Report and Recommendation, ECF No. 16 is ADOPTED in its entirety, Plaintiff's Motion, ECF No. 15, is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE.
Although granted the opportunity to do so, Plaintiff did not file a separate Motion and Affidavit to waive the remaining balance of the filing fee as directed. Therefore, Plaintiff still is obliged to pay the full filing fee for this action pursuant to 28 U.S.C. § 1915(b).
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment of dismissal without prejudice, forward a copy to Plaintiff, and close the file.
DATED January 25, 2017.
/s/
THOMAS O. RICE
Chief United States District Judge