GRAHAM v. WHITE et al

Filing 12

ORDER adopting Chief Magistrate Judge's 10 REPORT AND RECOMMENDATION. This case is DISMISSED without prejudice for Plaintiff's failure to prosecute this action and comply with an order of the court. Signed by SENIOR JUDGE LACEY A COLLIER on 11/13/2017. (MB)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TAMBURELLO GRAHAM,
FDOC Inmate No. B05975,
Plaintiff,
vs.

Case No.: 3:17cv396/LAC/EMT

NICOLAS WHITE, et al.,
Defendants.
____________________________/
ORDER
This cause comes on for consideration upon the chief magistrate judge’s Report
and Recommendation dated October 19, 2017 (ECF No. 10). Plaintiff 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). I have made a de novo determination of all timely filed objections.
Plaintiff does not so much file an objection but concedes to the dismissal of
this case, stating the he may refile the action once he is better prepared or enlists an
attorney. This he may do, as the dismissal of the instant case is without prejudice.
Plaintiff also seeks an order instructing the Florida Department of Corrections,
where he is incarcerated, to remove the lien from his prison account in the amount of
the $350.00 filing fee. Although Plaintiff was granted leave to proceed in forma

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pauperis, this only relieved him from paying the entire filing fee up front. As
mandated under 28 U.S.C. § 1915—and as Plaintiff was informed on the in forma
pauperis motion form itself—he remains responsible for paying the entire filing fee,
and payments will be taken from his prison account on a percentile basis as funds
become available in that account, regardless of the outcome of the case. See
generally 28 U.S.C. § 1915. Plaintiff’s request must therefore be denied.
Having considered the Report and Recommendation, and Plaintiff’s responses
thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The chief magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

This case is DISMISSED without prejudice for Plaintiff’s failure to

prosecute this action and comply with an order of the court.
ORDERED on this 13th day of November, 2017.

s/L.A. Collier
Lacey A. Collier
Senior United States District Judge

Case No.: 3:17cv396/LAC/EMT