Summary
denying a motion to dismiss based on three strikes, distinguishing Allen v. Clark, 266 Fed.Appx. 815 (11th Cir. 2008), and finding the dismissal of an appeal for want of prosecution due to failure to pay a filing fee did not constitute a strike
Summary of this case from DUFF v. TOWNSENDOpinion
CIVIL ACTION NO.: CV607-073.
December 11, 2008
ORDER
After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court.
Defendants' Motion to Dismiss is DENIED. Defendants shall file their answer(s) within twenty (20) days of the date of this Order.
SO ORDERED.