Simmons v. Holmes (Inmate 1)

Filing 5

ORDER adopting RECOMMENDATION of the Magistrate 4 and dismissing the case without prejudice for the Plaintiff's failure to either request leave to proceed in forma pauperis or pay the requisite filing fee upon the initiation of this case. Signed by Honorable Ira De Ment on 1/14/2010. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION

D ALL A S LEVON SIMMONS, #180081, Plaintiff, v.

D AV ID HOLMES, Defendant.

) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv1069-ID [WO]

ORDER O n December 18, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice fo r the Plaintiff's failure to either request leave to proceed in forma pauperis or pay the re q u is ite filing fee upon the initiation of this case. D o n e this the 14 th day of January, 2010.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE