Opinion
2:-11-CV-00984-PMP-PAL
10-11-2011
JOSEPH T. TOY, DORIS CECELIA TOY, Plaintiffs, v. CLARK COUNTY, et al., Defendants.
ORDER
Before the Court for consideration is Plaintiff Joseph Toy's Motion/Application to Proceed In Forma Pauperis (Doc. #1), filed on June 15, 2011. On September 27, 2011, the Honorable Peggy A. Leen, United States Magistrate Judge, entered a Report of Findings and Recommendation (Doc. #3) recommending that Plaintiff's Motion/Application to Proceed In Forma Pauperis (Doc. #1) should be denied.
On August 22, 2011, Magistrate Judge Leen entered an Order (Doc. #2) requesting Co-Plaintiff, Doris Cecelia Toy to file a separate Application to proceed In Forma Pauperis, accompained by a signed financial certificate. Magistrate Judge Leen, also requested the Clerk of Court to send Plaintiffs a blank application form for pro se litigants who are not incarcerated. Plaintiffs were given 30 days from the date of Magistrate Judge Leen's Order to make the necessary arrangements to pay the filing fee of $350.00, accompained by a copy of her Order (Doc. #2), and failure to do so would result in a recommendation for the District Judge to dismiss this action. Plaintiffs have failed to comply and the time to do so has now expired.
The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C.§ 636(b)(1) and Local Rule IB 3-2(a) and determines that Magistrate Judge Leen's Report of Findings and Recommendation should be Affirmed.
IT IS THEREFORE ORDERED that Magistrate Judge Leen's Report of Findings and Recommendation (Doc. #3) are Affirmed and the Complaint as to Co-Plaintiff Doris Toy is DISMISSED.
PHILIP M. PRO
United States District Judge