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)
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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