Shropshire v. Hanley et al

Filing 7

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. It is ORDERED that this action be DISMISSED without prejudice for failure to prosecute and to obey the Court's Order. Signed by Senior Judge Charles R. Butler, Jr on 2/22/2016. copies to parties. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

DONNIE E. SHROPSHIRE,
)

Plaintiff,

)

vs.

) CIVIL ACTION 15-00593-CB-M

STEWART HANLEY, et al.,

)

Defendants. )

ORDER

Plaintiff filed an objection (Doc. 5) to the Magistrate Judge’s recommendation
(Doc. 4) that this action be dismissed for failure to obey the Court’s order requiring
him: (1) to refile his complaint on the proper form and (2) to either file his motion
to proceed in forma pauperis on the proper form or to pay the $400 filing fee. In
response to Plaintiff’s objection that he was being denied access to the courts, the
Magistrate Judge entered an order (Doc. 6) extending the time for Plaintiff to comply
with the previous order to February 12, 2016. That deadline had passed, and
Plaintiff has again failed to obey the Court’s order. Therefore, after due and proper
consideration of the issues raised, and a de novo determination of those portions of
the Recommendation to which objection is made, the 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 22nd day of February, 2016.

s/Charles R. Butler, Jr.

SENIOR UNITED STATES DISTRICT JUDGE