Smiley v. Circuit Court of Mobile County, AL et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION as to Fredrick Bernard Smiley. This action is dismissed for failure to prosecute and comply with the Court's order. Signed by Judge Kristi K. DuBose on 10/13/2016. copy mailed to plaintiff (mcb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FREDRICK BERNARD SMILEY, * Plaintiff, * vs. * CIRCUIT COURT OF MOBILE COUNTY, AL, et al., * Defendants. CIVIL ACTION NO.15-00090-KD-B * ORDER 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 Report and Recommendation of the Magistrate Judge (doc. 15) made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. The Court acknowledges that Smiley filed a Declaration in Support of Request to Proceed In Forma Pauperis (doc. 16). However, the attachment to the Declaration shows that Smiley had $60.00 in his inmate account in February 2016, but still did not pay the $5.78 filing fee as ordered. Accordingly, it is ORDERED that this action is dismissed without prejudice for failure to comply with the Court’s orders and failure to prosecute this action. DONE this 13th day of October 2016. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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