Brinson v. Montgomery Police Department et al (INMATE 2)

Filing 25

ORDER: This case is before the court on the Order and Recommendation of the Magistrate Judge (Doc. 16 ) entered on 8/19/2013, and the Plaintiff's 24 Objection, filed on 9/11/2013. The objection to the order is OVERRULED. The objection to the Recommendation is OVERRULED, the Recommendation of the Magistrate Judge is ADOPTED, and it is hereby ORDERED that this case is DISMISSED without prejudice for Plaintiff's failure to pay the full filing fee upon initiation of this case. Signed by Honorable Judge W. Harold Albritton, III on 10/28/2013. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

ALEXANDER BRINSON, #131 165,

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)
Plaintiff,
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v.
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MONTGOMERY POLICE DEPARTMENT, )
et al.,
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Defendants.
)

CIVIL ACTION NO. 2:13cv546-WHA

(WO)

ORDER
This case is before the court on the Order and Recommendation of the Magistrate Judge
(Doc. #16), entered on August 19, 2013, and the Plaintiff’s Objection (Doc. #24), filed on
September 11, 2013.
For the reasons stated in the Recommendation, the court finds that the order denying the
Plaintiff’s Motion to Proceed In Forma Pauperis is neither clearly erroneous nor contrary to law.
See 28 U.S.C. § 636 (b)(1)(A). Therefore, the objection to the order is OVERRULED.
After an independent evaluation and de novo review of the file in this case, the court
agrees with the Recommendation of the Magistrate Judge that this case should be dismissed
without prejudice for Plaintiff’s failure to pay the full filing fee upon the initiation of the case.
Therefore, the objection to the Recommendation is OVERRULED, the Recommendation of the
Magistrate Judge is ADOPTED, and it is hereby
ORDERED that this case is DISMISSED without prejudice for Plaintiff’s failure to pay
the full filing fee upon initiation of this case.

DONE this 28th day of October, 2013.

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