Nails v. Travelers Insurance et al (MAG+)
ORDER directing that: (1) plf's 8 & 10 objections are OVERRULED; (2) the 7 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; and (3) this case is DISMISSED without prejudice due to plf's failure to pay the civil action filing fee within the time allowed by the court. Signed by Chief Judge William Keith Watkins on 6/4/12. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
ANGELA DENISE NAILS,
ANGELA BAKER, and
CASE NO. 1:12-CV-325-WKW
On May 8, 2012, the Magistrate Judge filed a Recommendation (Doc. # 7)
regarding Plaintiff’s failure to pay the civil action filing fee.
Recommendation was filed, Plaintiff filed her Motion to Allow the Plaintiff’s
Complaint to Be Served (Doc. # 8), which the Magistrate Judge denied. (May 11,
2012 Order (Doc. # 9).) Plaintiff then filed an objection to the Magistrate Judge’s
denial of her motion. (Doc # 10). Because pro se motions are to be liberally
construed, Plaintiff’s motion (Doc. # 8) and objection (Doc. # 10) are construed as
containing objections to the Recommendation.1 The court reviews de novo the portion
of the Recommendation to which the objections apply. 28 U.S.C. § 636(b)(1).
To be considered timely, any objections to the Recommendation must have been filed
by May 22, 2012. Both Plaintiff’s motion and objection were filed before this deadline.
Plaintiff’s objections request that Defendants be served even if she is not
allowed to proceed in forma pauperis. (See, e.g., Doc. # 10.) However, Plaintiff does
not address her failure to pay the required filing fee. Plaintiff has been given ample
time to pay this fee and has failed to do so. Furthermore, it would be a waste of
judicial resources to serve an action upon Defendants that is due to be dismissed for
Plaintiff’s failure to pay her filing fee.
Accordingly, it is ORDERED that:
Plaintiff’s objections (Docs. # 8 & 10) are OVERRULED;
the Recommendation of the Magistrate Judge (Doc. # 7) is
this case is DISMISSED without prejudice due to Plaintiff’s failure to
pay the civil action filing fee within the time allowed by the court.
A separate final judgment will be entered.
DONE this 4th day of June, 2012.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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