Opinion
Civil Action No. 08-1008.
July 31, 2008
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on July 18, 2008, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
Magistrate Judge Lisa Pupo Lenihan filed a Report and Recommendation on July 22, 2008 (doc. no. 3) recommending that the Motion to Proceed In Forma Pauperis be denied in accordance with 28 U.S.C. § 1915(g) because Plaintiff has had at least three prior actions dismissed for failure to state a claim upon which relief may be granted. Plaintiff filed Objections to the Report and Recommendation on July 28, 2008 (doc. nos. 4 5). Plaintiff's Objections do not undermine the recommendation of the Magistrate Judge. Consequently, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:
AND NOW, this 31th day of July, 2008;IT IS HEREBY ORDERED that Plaintiff's motions to proceed in forma pauperis (doc. nos. 1 6) be denied in accordance with 28 U.S.C. § 1915(g) and that this action be dismissed for Plaintiff's failure to pay the filing fee, with the right of Plaintiff to reopen by paying the full filing fee of $350.00 within thirty (30) days.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 3) of Magistrate Judge Lenihan dated July 22, 2008, is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.