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)

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