FAILS v. UNITED STATES

Filing 15

ORDER ON 10 REPORT AND RECOMMENDATION. Pet's 5 Motion for Leave to Proceed IFP is DENIED. This case is DISMISSED WITHOUT PREJUDICE for pet's failure to comply with an order of the court. The clerk is directed to close the file. Signed by District Judge M CASEY RODGERS on March 10, 2011. (kvg)

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-CJK FAILS v. UNITED STATES Doc. 15 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ANTHONY J. FAILS, Petitioner, v. UNITED STATES, Respondent. / ORDER This cause comes on for consideration upon the magistrate judge's report and recommendation dated February 11, 2011. The petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted. Accordingly, it is now ORDERED: 1. The magistrate judge's report and recommendation is adopted and 3:10cv403/MCR/MD incorporated by reference in this order. 2. 3. The petitioner's motion to proceed in forma pauperis (doc 5.) is DENIED. This case is DISMISSED WITHOUT PREJUDICE for petitioner's failure to comply with an order of the court. 4. The clerk is directed to close the file. DONE AND ORDERED this 10th day of March, 2011. s/ M. Casey Rodgers M. CASEY RODGERS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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