RAINEY v. MANAGEMENT & TRAINING CORPORATION et al

Filing 9

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION - The report and recommendation, ECF No. 8 , is accepted and adopted as this Court's opinion. Plaintiff's motion for leave to proceed in forma pauperis, ECF No. [3 ], is DENIED. The Clerk shall enter judgment stating, "Plaintiff's claims are DISMISSED without prejudice for failure to comply with Court orders." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 1/6/2025. (baf)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION GERALD T. RAINEY, Plaintiff, v. Case No.: 5:24cv203-MW/MJF MANAGEMENT & TRAINING CORP., et al., Defendants. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 8. The Magistrate Judge recommends dismissal for failure to comply with Court orders, failure to pay the filing fee, and failure to demonstrate that Plaintiff qualifies to proceed in forma pauperis. This Court agrees, with the qualification that this Court understands Plaintiff filed a printout demonstrating that Plaintiff’s average daily balance during the last six months was only fifteen cents, and, while this Court is sympathetic to the notion that such a low daily average speaks for itself in terms of Plaintiff’s qualification to proceed in forma pauperis, Plaintiff has still failed to follow Court orders and submit the proper documentation to support his request. Accordingly, upon consideration, no objections having been filed by the parties, IT IS ORDERED: The report and recommendation, ECF No. 8, is accepted and adopted as this Court’s opinion. Plaintiff’s motion for leave to proceed in forma pauperis, ECF No. 3, is DENIED. The Clerk shall enter judgment stating, “Plaintiff’s claims are DISMISSED without prejudice for failure to comply with Court orders.” The Clerk shall close the file. SO ORDERED on January 6, 2025. s/Mark E. Walker ____ Chief United States District Judge 2

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