Coggins v. Town of Jackson's Gap (MAG+)

Filing 12

ORDER overruling plaintiff's 11 Objections; adopting 10 Report and Recommendations; that this case is DISMISSED with prejudice. Signed by Honorable William Keith Watkins on 5/26/2009. (cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION G E N E COGGINS, P la in tif f , v. TOWN OF JACKSON'S GAP, D e f e n d a n t. ) ) ) ) ) ) ) ) )

C A S E NO. 3:09-CV-285-WKW

ORDER O n May 13, 2009, the Magistrate Judge filed a Recommendation (Doc. # 10) that this a c tio n be dismissed for Plaintiff Gene Coggins' (Mr. Coggins) failure to pay a filing fee. On M a y 20, 2009, Mr. Coggins filed a Reply (Doc. # 11), which the court construes as an o b je c tio n . H a v in g conducted an independent and de novo review of the record as a whole and th o s e portions of the Recommendation to which objection is made, see 28 U.S.C. § 6 3 6 (b )(1 )(C ), the court finds that Mr. Coggins' objections are without merit. The Order (D o c . # 4-2) setting a hearing on Mr. Coggins' motion for leave to proceed in forma pauperis (Doc. # 2), made clear that failure to appear at the hearing may result in denial of his motion to proceed in forma pauperis. Mr. Coggins neither appeared at the hearing nor paid the filing f e e and this case is due to be DISMISSED for these failures. F o r these reasons, it is ORDERED that the Mr. Coggins' objection (Doc. # 11) is O V E R R U L E D , the Recommendation of the Magistrate Judge is ADOPTED and this case

is DISMISSED with prejudice. A n appropriate judgment will be entered. D O N E this 26th day of May, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE