Opinion
Civil Action No. 07 — 130.
May 21, 2007
MEMORANDUM ORDER
The above-captioned prisoner civil rights complaint was received by the Clerk of Court on February 2, 2007, 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.
On March 6, 2007, Magistrate Judge Lenihan issued an Order to Plaintiff to submit the $350.00 filing fee or move to proceed in forma pauperis (IFP) and provide a certified inmate accounting statement signed by the records officer at the prison by March 30, 2007 if he wished to proceed with his civil rights complaint (doc. no. 2). Nothing was submitted to the Court. On April 4, 2007, Magistrate Judge Lenihan issued a Report and Recommendation to dismiss the complaint without prejudice for failure to pay the filing fee or submit a motion to proceed in forma pauperis (doc. no. 3). No objections have been filed.
After review of the pleadings and the documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 19th day of May, 2007;
IT IS HEREBY ORDERED that the complaint is DISMISSED without prejudice for failure to pay the filing fee or submit a motion to proceed in forma pauperis. Plaintiff will be permitted to re-file this action within the applicable statute of limitations period by paying the full filing fee of $350.00 or submitting a motion to proceed in forma pauperis. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 3), filed on April 4, 2007 Magistrate Judge Lenihan, is adopted as the opinion of the court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.