Riggins v. Barnes, et al

Filing 38

ORDER entered that after due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court wi th the following amendment. The Court will hold in abeyance the dismissal of this action as follows: if the Plaintiff pays the full filing fee of $350.00 by February 26, 2010 this action will not be dismissed pursuant to 28 U.S.C. § 1915(g). Otherwise, this case will be DISMISSED on March 1, 2010 without further order of the Court.. Signed by Judge Kristi K. DuBose on 2/4/2010. (mca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DARRYL RIGGINS, # 184051, Plaintiff, vs. ROBERT BARNES, M.D., et al., Defendant. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated January 5, 2010, is ADOPTED as the opinion of this Court with the following amendment. The Court will hold in abeyance the dismissal of this action as follows: if the Plaintiff pays the full filing fee of $350.00 by February 26, 2010 this action will not be dismissed pursuant to 28 U.S.C. § 1915(g). Otherwise, this case will be DISMISSED on March 1, 2010 without further order of the Court. DONE and ORDERED this the 4th day of February 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 08-00157-KD-B