Opinion
Civil Action No. 13 - 0006
01-17-2013
STEVEN SZAREWICZ, Plaintiff, v. THE ALLEGHENY CO. OFFICE OF COURT RECORDS; ET AL, Defendants.
District Judge Arthur J. Schwab
MEMORANDUM ORDER
On January 3, 2013, the above captioned case was filed in this Court and was referred to a magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on January 7, 2013 (ECF No. 2) recommending that Plaintiff's motion to proceed in forma pauperis (ECF No. 1) be denied in accordance with 28 U.S.C. § 1915(g) and that the action be dismissed for Plaintiff's failure to pay the filing fee, with the right of Plaintiff to reopen by paying the full $350.00 filing fee within sixty (60) days. Plaintiff filed written Objections to the Report and Recommendation on January 16, 2013 (ECF No. 3). Plaintiff's objections do not undermine the determination set forth in the Report and Recommendation.
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 17th day of January, 2013;
IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed in forma pauperis (ECF No. 1) is DENIED in accordance with 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that this action is DISMISSED for Plaintiff's failure to pay the filing fee, with the right of Plaintiff to reopen by paying the full $350.00 filing fee within sixty (60) days.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 2) dated January 7, 2013, 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.
By the Court:
________________________
Arthur J. Schwab
United States District Judge
Steven Szarewicz
AP-8784
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698