Opinion
CIVIL ACTION NO. 1:14CV154
05-11-2015
DALE P. FIELD, d/b/a Pro Moves, Pro Se Plaintiff, v. EMOVE, d/b/a Movinghelper.com, UHAUL, Defendants.
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ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 16]
The pro se plaintiff, Dale P. Field ("Field"), doing business as Pro Moves, is currently in state custody at the Tygart Valley Regional Jail. On September 12, 2014, he filed a complaint against the defendants for breach of contract, and subsequently filed an application to proceed without prepayment of fees. (Dkt. No. 9). The Honorable John S. Kaull, United States Magistrate Judge, denied Field's application, and Field filed a motion to reconsider. (Dkt. No. 12). Judge Kaull held the motion to reconsider in abeyance in order to receive documentation regarding Field's prisoner trust fund account in accordance with 28 U.S.C. § 1915.
The defendants have not been served.
Following Judge Kaull's order holding the motion to reconsider in abeyance, Field filed a motion to dismiss his complaint without prejudice so that he could "acquire the fees needed to proceed with this action and then re-file the action at such time." (Dkt. No. 15). Subsequently, Judge Kaull entered a report and recommendation ("R&R"), recommending that this Court grant Field's motion to dismiss his complaint without prejudice, and deny as moot his motion to reconsider. (Dkt. No. 16). Field does not object.
Having reviewed the R&R, and finding no clear error, the Court ADOPTS the R&R, GRANTS Field's motion to dismiss his complaint, DISMISSES the complaint WITHOUT PREJUDICE, DENIES AS MOOT Field's motion to reconsider, and DIRECTS the Clerk to remove this case from the active docket.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order to the pro se plaintiff, certified mail, return receipt requested. DATED: May 11, 2015.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE