Opinion
3:22-CV-710
08-17-2023
TYSHEEN GOTT, Plaintiff, v. SHANE YELLAND, et al., Defendants.
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 17th DAY OF AUGUST, 2023, upon de novo review of Magistrate Judge Joseph Saporito's Report and Recommendation (“R&R”) (Doc. 9), Plaintiffs Objections thereto (Doc. 10), and all relevant documents, IT IS HEREBY
ORDERED THAT:
1. The R&R (Doc. 9) is ADOPTED for the reasons set forth therein.
On July 27,2022, Judge Saporito issued the present R&R (Doc. 9) recommending that this action be dismissed for failure to pay the requisite filing and administrative fees. Plaintiff filed Objections thereto (Doc. 10) as well as a Motion for Extension of Time (Doc. 11), both requesting additional time to pay the full fees. Thus, on June 15,2023, this Court granted Plaintiffs motion and ordered Plaintiff to pay the requisite $402 filing and administrative fees within thirty days of the date of the Court's Order (Doc. 12). The Court warned that “[f]ailure to file the requisite fees will result in this Court adopting Magistrate Judge Saporito's R&R (Doc. 9) and the dismissal of this lawsuit without prejudice." (Id.). On June 27,2023, the Court's Order was returned as undeliverable (Doc. 13) and was re-mailed to Plaintiff at his updated address at FCI-Gilmer. As of the date of this Order, Plaintiff has not submitted the requisite filing and administrative fees nor otherwise responded to this Court's Order. As a result, the Court adopts the pending R&R and dismisses this action without prejudice.
2. Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
3. The Clerk of Court is directed to CLOSE the above-captioned action.