Castleberry v. Rahming (INMATE 2) (LEAD)

Filing 12

ORDER: it is ORDERED that: 1) The 4 Recommendation of the Magistrate Judge is ADOPTED; 2) Mr. Castleberry's 5 objections are OVERRULED; 3) This case is DISMISSED without prejudice for Plf's failure to pay the initial partial filing fee. Signed by Chief Judge William Keith Watkins on 11/16/2017. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ADAM CASTLEBERRY,
#212769,
Plaintiff,
v.
WILCOTT RAHMING,
Defendant.

ADAM CASTLEBERRY,
#212769,
Plaintiff,
v.
WILCOTT RAHMING,
Defendant.

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CASE NO. 2:17-CV-252-WKW
[WO]

CASE NO. 2:17-CV-656-WKW
[WO]

ORDER
On September 5, 2017, the court entered an order adopting the report and
recommendation of the Magistrate Judge (Doc. # 7), and entered final judgment
dismissing the case without prejudice (Doc. # 8). Upon receiving Plaintiff Adam
Castleberry’s response, which the court construed as a motion for extension of time
to submit the partial filing fee, the court then vacated the order and judgment, and

granted Mr. Castleberry an extension of time to submit the partial filing fee of
$12.50 by October 12, 2017. (Doc. # 10.) That date having come and gone
without any payment received by Mr. Castleberry, the Recommendation of the
Magistrate Judge (Doc. # 4), and Mr. Castleberry’s objections thereto (Doc. # 5), is
once again before the court.
The court has conducted an independent and de novo review of those
portions of the Recommendation to which objection is made.

See 28

U.S.C. § 636(b). The Recommendation favored dismissal of Mr. Castleberry’s
complaint under 28 U.S.C. § 1915(b)(1)(A) for his failure to pay the initial partial
filing fee. Mr. Castleberry objected to this disposition on the grounds that he had
filed multiple requests to pay the fee from his prisoner account, and that he planned
to send in another such request. On this basis, the Magistrate Judge then granted
Mr. Castleberry an extension, ordering that he pay the partial fee on or before July
28, 2017. (Doc. # 6.) As recounted above, Mr. Castleberry has still not paid the
fee—even after the additional extension to October 12, 2017—so the
Recommendation is due to be adopted.
Accordingly, it is ORDERED that:
1. The Recommendation of the Magistrate Judge (Doc. # 4) is ADOPTED;
2. Mr. Castleberry’s objections (Doc. # 5) are OVERRULED;

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3. This case is DISMISSED without prejudice for Plaintiff’s failure to pay
the initial partial filing fee.
A final judgment will be entered separately.
DONE this 16th day of November, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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