Opinion
Case No. 3:10-cv-168-DPM.
October 7, 2010
ORDER
The Court has considered Magistrate Judge Joe J. Volpe's Proposed Findings and Recommended Disposition — to which no Plaintiff has objected. Seeing no error of law or clear error of fact on the face of the record, FED. R. CIV. P. 72(b), the Court adopts the recommendation. Document No. 13. Magistrate Judge Volpe adequately warned all Plaintiffs, in late July 2010, that this section 1983 case could be dismissed without prejudice if they failed to either pay the required $350.00 filing fee to the Clerk or file a proper in forma pauperis application within 30 days. Document No. 2. Judge Volpe also ordered that an amended complaint be filed within 30 days. Ibid. About 70 days have passed since Judge Volpe entered his order, and no Plaintiff has since filed any share of the required filing fee, the entire fee, sought in forma pauperis status, or filed an amended complaint. The Plaintiffs' complaint is therefore dismissed without prejudice. The Court further certifies that an in forma pauperis appeal from this order would not be taken in good faith. 28 U.S.C.A. § 1915(a)(3).
So Ordered.