Williams v. Mobile County Sheriff Department

Filing 15

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Wendy Williams. Signed by Senior Judge Charles R. Butler, Jr on 7/21/09. (adk)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) ) Plaintiff, ) ) v. ) ) MOBILE COUNTY SHERIFF'S DEPARTMENT, ) ) Defendant. ) WENDY WILLIAMS,

CIVIL ACTION NO. 09-00130-CB-N

ORDER Plaintiff Wendy Williams has filed an objection (Doc. 13) to the Report and Recommendation of the Magistrate Judge that this action be dismissed due to Plaintiff's failure to pay the partial filing fee. Plaintiff asserts that she has been unable to pay the partial filing fee of $3.77 due to illness and lack of funds. However, the Court notes that the fee is more than two months overdue, Plaintiff has never requested an extension of time to pay, and Plaintiff has provided no documentation to support her claim that she lacks funds. Furthermore, illness did not prevent Plaintiff from filing a proposed amended complaint in the interim. In light of these factors, Plaintiff's objection is OVERRULED, and the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. §636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that this action be and is hereby DISMISSED without prejudice for failure to prosecute and to obey the Court's order. DONE this 21st day of July, 2009.

s/Charles R. Butler, Jr. Senior United States District Judge