Noe v. Alabama Department of Corrections (INMATE1)

Filing 8

ORDER adopting 3 Recommendation of the Magistrate Judge and it is hereby ORDERED as follows: 1. The 4 Objection to the Magistrate Judge's denial of the Plaintiff's Motion for Leave to Proceed in forma pauperis is OVERRULED. 2. This case is DISMISSED without prejudice for the Plaintiff's failure to pay the full filing fee upon the initiation of this case. Signed by Honorable W. Harold Albritton, III on 8/26/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WOODBURCK NOE, #148475, Plaintiff, vs. ALABAMA DEPARTMENT OF CORRECTIONS, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv692-WHA

ORDER This case is before the court on the Order and Recommendation of the Magistrate Judge (Doc. #3), entered on July 28, 2009, together with the Plaintiff's Objection (Doc. #4), filed on August 5, 2009. Upon an independent evaluation and de novo review of this matter, the court finds the objection to be without merit, and it is here overruled. The court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. The Objection to the Magistrate Judge's denial of the Plaintiff's Motion for Leave to Proceed in forma pauperis is OVERRULED. 2. This case is DISMISSED without prejudice for the Plaintiff's failure to pay the full filing fee upon the initiation of this case. DONE this 26th day August, 2009.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE