Tate v. Price et al (INMATE 1)

Filing 4

OPINION AND ORDER: ORDERED and ADJUDGED as follows: That the 3 REPORT AND RECOMMENDATION be and is hereby ADOPTED. That, to the extent Tate seeks mandamus relief, the 1 Petition for Writ of Mandamus be and is hereby DISMISSED for lack of jurisdic tion. That this case, with respect to the claims challenging the constitutionality of Tate's arrest, be and is hereby DISMISSED without prejudice for his failure to pay the requisite filing fee upon the initiation of this case as required by the directives of 28 U.S.C. 1915(g). An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 4/16/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION M A R C U S ORLANDO TATE, #180664, a /k /a MARCUS ORLANDO TAITE, a/k/a DR. EJIJAH J. MUHAMMED, II, a /k /a DREJIAH JOSHUA MUHAMMAD, P e titio n e r, v. J U D G E CHARLES PRICE, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv221-TMH (WO)

O P I N I O N and ORDER T h is litigation is now before the court on the recommendation of the United States M a g is tra te Judge entered on March 25, 2009 (doc. # 3), that this case be dismissed without p re ju d ic e for the petitioner's failure to pay the full filing fee upon the initiation of this case. A f te r a review of the recommendation, to which no timely objections have been filed, and a f te r an independent review of the entire record, the court believes that the recommendation sh o u ld be adopted. Accordingly, it is O R D E R E D and ADJUDGED as follows: 1. T h a t the Recommendation of the Magistrate Judge be and is hereby A D O PTED . 2. T h a t, to the extent Tate seeks mandamus relief, the petition for writ of m a n d a m u s be and is hereby DISMISSED for lack of jurisdiction.

3.

That this case, with respect to the claims challenging the constitutionality of Tate's arrest, be and is hereby DISMISSED without prejudice for his failure to pay the requisite filing fee upon the initiation of this case as required by the d irec tiv es of 28 U.S.C. § 1915(g).

A n appropriate judgment will be entered. D o n e this the 16th day of April 2009. /s / Truman M. Hobbs _ _ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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