Avery v. Sims et al (INMATE 1)

Filing 13

ORDER: It is ORDERED as follows: 1. The 12 Recommendation of the Magistrate Judge is ADOPTED; 2. The motion for leave to proceed in forma pauperis filed by Walter Jamar Avery is DENIED; 3. This case is dismissed without prejudice for the plaintiff's failure to pay the full filing and admininstrative fees upon the initiation of the case. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 11/16/2017. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WALTER JAMAR AVERY, #184038, ) ) Plaintiff, ) ) v. ) CASE NO. 3:17-CV-556-WKW ) [WO] OFFICER SIMS, SGT. THEODORE, ) and MS. STEWART, ) ) Defendants. ) ORDER Before the court is the Recommendation of the Magistrate Judge. (Doc. # 12.) There being no timely objection filed to the Recommendation, and based on an independent review of the record, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 12) is ADOPTED; 2. The motion for leave to proceed in forma pauperis filed by Walter Jamar Avery is DENIED; 3. This case is dismissed without prejudice for the plaintiff’s failure to pay the full filing and administrative fees upon the initiation of the case. A separate final judgment will be entered. DONE this 16th day of November, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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