Opinion
Case No. CIV-08-0985-F.
December 16, 2008
ORDER
The initial partial filing fee remains unpaid despite this court's order of November 14, 2008, which extended until December 1, 2008 the time within which to pay that fee. (Order, doc. no. 14.) No request for another extension been received. The only "objection" to the Report and Recommendation of Magistrate Judge Robert E. Bacharach is petitioner's request that the court excuse petitioner's failure to pay the initial fee. (Objection at doc. no. 13). Petitioner's "objection" also gives assurances that the necessary payments will be made in the future. The court has reviewed de novo the Report and Recommendation of the Magistrate Judge. (Doc. no. 9.) The Report recommends dismissal of this action without prejudice, for failure to pay the initial partial filing fee.
Having reviewed the report, and with no payment having been made and no showing of good cause for that failure having been made, the court hereby ACCEPTS, ADOPTS and AFFIRMS the Report and Recommendation of the Magistrate Judge. Accordingly, this action is DISMISSED without prejudice, for failure to pay the initial partial filing fee.
Petitioner's "Motion for Instructions and Motion to Amend Name of Respondents and the Title of Original Petition" (doc. no. 10) is STRICKEN as moot.