Tate v. Marshall et al (INMATE1)

Filing 17

OPINION and ORDER, it is ORDERED and ADJUDGED as follows: 1) That the 8 & 9 Recommendations of the Magistrate Judge be and are hereby ADOPTED; 2) That the plf's 3 Motion to Certify a Class be and is hereby DENIED; 3) That this case be and is hereby DISMISSED without prejudice for the plf's failure to pay the requisite filing fee upon the initiation of this case; An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 4/23/2009. (wcl, )

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 l a in tiff , v. D .T. Marshall et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv222-TMH (WO)

O P I N I O N and ORDER T h is litigation is now before the court on the recommendations of the United States M a g is tra te Judge entered on March 25, 2009 (docs. # 8 & 9), that the plaintiff's motion for class certification be denied and this case be dismissed without prejudice for the plaintiff's f a ilu re to pay the full filing fee upon the initiation of this case. After a review of the re c o m m e n d a tio n s , to which no timely objections have been filed, and after an independent re v ie w of the entire record, the court believes that the recommendations should be adopted. A c c o rd in g ly, it is O R D E R E D and ADJUDGED as follows: 1. T h a t the Recommendations of the Magistrate Judge be and are hereby AD OPTED 2. T h a t the plaintiff's motion to certify a class be and is hereby DENIED.

3.

T h a t this case be and is hereby DISMISSED without prejudice for the p la in tiff 's failure to pay the requisite filing fee upon the initiation of this case.

A n appropriate judgment will be entered. D o n e this the 23rd 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

2