Opinion
NO: 13-CV-0081-JPH
07-25-2013
MATTHEW REED, Plaintiff, v. DONNA BYRNES, et al., Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING ACTION WITHOUT
PREJUDICE
Magistrate Judge Hutton filed a Report and Recommendation on July 8, 2013, recommending Plaintiff's Motion to Voluntarily Dismiss pursuant to Rule 41(a), Federal Rules of Civil Procedure, be granted (ECF No. 13). There being no objections, the Court ADOPTS the Report and Recommendation. The Motion to Voluntarily Dismiss (ECF No. 11) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.
Although granted the opportunity to do so, Plaintiff did not file a separate Motion and Affidavit to waive the remaining balance of the filing fee as directed. Therefore, Plaintiff will still be obliged to pay the full filing fee for this action pursuant to 28 U.S.C. § 1915(b).
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment of dismissal without prejudice, forward a copy to Plaintiff and close the file.
THOMAS O. RICE
United States District Judge