Cunningham v. Myers et al

Filing 65

ORDER ADOPTING 62 REPORT AND RECOMMENDATIONS re 21 Amended Complaint filed by Charles William Cunningham. This action is dismissed without prejudice for Cunningham's failure to make the required payments or alternatively, for failure to prosecute and obey the Court's orders. Signed by Chief Judge Kristi K. DuBose on 8/18/2017. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHARLES WILLIAM CUNNINGHAM, Plaintiff, v. GLORIA MCLAIN, et al., Defendants. : : : : : : : CIVIL ACTION 15-00494-KD-N 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 to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated July 19, 2017, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice sua sponte for the Plaintiff’s failure to make the required payments under 28 U.S.C. § 1915(b) or, alternatively, for failure to prosecute and obey the Court’s orders under both Federal Rule of Civil Procedure Rule 41(b) and the Court’s inherent authority to manage its docket. It is further ORDERED that all pending motions are MOOT. DONE and ORDERED this the 18th day of August 2017. /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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