Carter v. Covington County Jail et al (INMATE 2)
REPORT AND RECOMMENDATIONS that this case be DISMISSED without prejudice for Plaintiff's failures to comply with the orders of this court and to prosecute this action; Objections to R&R due by 10/7/2008. Signed by Honorable Terry F. Moorer on 9/24/2008. (cc, )
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION __________________________________ C A L V IN CARTER Plaintiff, v. C O V IN G T O N COUNTY JAIL, et al., * * * 2:08-CV-701-TMH (WO) *
D e f e n d a n ts . * __________________________________ RECOMMENDATION OF THE MAGISTRATE JUDGE O n August 28, 2008 the court granted Plaintiff fourteen days to file with the Clerk e ith e r the $350.00 filing fee or a motion for leave to proceed in forma pauperis
a c c o m p a n ie d by an affidavit in support thereof. (Doc. No. 3.) Plaintiff was cautioned that h is failure to comply with the August 28 order would result in a Recommendation that his c o m p la in t be dismissed. (Id.) The requisite time has passed and Plaintiff has not provided t h e court with either the filing fee or a motion for leave to proceed in forma pauperis. C o n seq u en tly, the court concludes that dismissal of this case is appropriate for Plaintiff's f a ilu re s to comply with the orders of the court and to prosecute this action. A c c o r d in g ly, it is the RECOMMENDATION of the Magistrate Judge that this case b e DISMISSED without prejudice for Plaintiff's failures to comply with the orders of this c o u rt and to prosecute this action. It is further O R D E R E D that the parties are DIRECTED to file any objections to the
R e c o m m e n d a tio n on or before October 7, 2008. Any objections filed must specifically id e n tif y the findings in the Magistrate Judge's Recommendation to which a party objects. F r iv o lo u s , conclusive or general objections will not be considered by the District Court. The p a rtie s are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and recommendations in the M a g is tra te Judge's report shall bar the party from a de novo determination by the District C o u rt of issues covered in the report and shall bar the party from attacking on appeal factual f in d in g s in the report accepted or adopted by the District Court except upon grounds of plain e rr o r or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5 th Cir. 1982). See Stein v . Reynolds Securities, Inc., 667 F.2d 33 (11 th Cir. 1982). See also Bonner v. City of P r ic h a r d , 661 F.2d 1206 (11 th Cir. 1981, en banc), adopting as binding precedent all of the d e c i s io n s of the former Fifth Circuit handed down prior to the close of business on S e p te m b e r 30, 1981. D o n e , this 24 th day of September 2008.
/s/Terry F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE
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