Coggins v. Huguley Water Department, et al (MAG+)

Filing 10

ORDER: (1) The 8 Recommendation of the Magistrate Judge is ADOPTED; and (2) This case is DISMISSED for failure to pay the civil case filing fee. Signed by Chief Judge William Keith Watkins on 1/10/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
GENE COGGINS,
Plaintiff,
v.
HUGULEY WATER
DEPARTMENT, et al.,
Defendants.

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CASE NO. 3:11-CV-291-WKW

ORDER
On December 21, 2011, the Magistrate Judge filed a recommendation that this
case be dismissed because Plaintiff Coggins failed to pay the civil action filing fee
within the time allowed by the court, in the absence of an order allowing him to
proceed in forma pauperis. (Doc. # 8.) The Magistrate Judge had previously denied
Plaintiff’s motion to proceed in forma pauperis and warned that dismissal of this
action may be a consequence of the failure to pay the civil filing fee. (Doc. # 7 at 2.)
Plaintiff objected to the recommendation.

(Doc. # 9.)

The portions of the

recommendation to which a party objects are reviewed de novo.

28 U.S.C.

§ 636(b)(1).
A de novo review of the record and law confirms that the recommendation
(Doc. # 8) is due to be adopted and the objections overruled. No new evidence is

offered to support Plaintiff’s assertion that he is unable to pay the civil filing fee.
Instead, Plaintiff only offers an incoherent, rambling argument, citing inapposite cases
and presenting no new information or evidence to support a finding that Plaintiff can
proceed in forma pauperis. Plaintiff has not been denied access to the courts, but must
follow the same rules and procedures applicable to every litigant in this District.
Therefore, it is ORDERED as follows:
(1)

The Recommendation of the Magistrate Judge is ADOPTED; and

(2)

This case is DISMISSED for failure to pay the civil case filing fee.

DONE this 10th day of January, 2012.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE

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