Opinion
C.A. No. 03-603 T
May 10, 2004
Report and Recommendation
On December 22, 2003, Jose Franco, pro se, filed with the Court a Complaint, together with a request to proceed in forma pauperis and a motion for service of process. The Court denied the motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). The Court also denied the motion for service of process.
Since filing of the Complaint with the above referenced motions, plaintiff has not prosecuted this civil action in any manner, nor has he paid the initial filing fee. Accordingly, I recommend that the instant civil action be dismissed since the plaintiff has failed to prosecute this case and since he has not paid the initial filing fee.
Any objection to this report and recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b). Failure to file timely, specific objection to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986) (per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603 (1st Cir. 1980).