Avery v. Torbert et al (INMATE2)

Filing 5

ORDER, JUDGMENT, and DECREE of the court that: 1) The plaintiff's objection (doc. 4 to the Recommendation of the Mag Judge filed on 10/21/08 is overruled; 2) The Recommendation of the Mag Judge (doc. 3 ) filed on 10/3/08 is adopted; 3) This case is dismissed without prejudice for plaintiff's failure to pay the full filing fee upon the initiation of this case. Signed by Honorable Truman M. Hobbs on 10/29/08. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF E A S T E R N DIVISION W A L T E R JAMAR AVERY, #184038, P l a i n t if f , v. M A J O R TORBERT, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 3:08-cv-805-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #4) to the Recommendation of the Magistrate Judge f ile d on October 21, 2008 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #3) filed on October 3, 2008 is adopted; 3 . This case is DISMISSED without prejudice for plaintiff's failure to pay the full f ilin g fee upon the initiation of this case. D O N E this 29th day of October, 2008.

/s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE