Ellison v. Abbe et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS, therefore, pla's motion to proceed IFP is Denied, this case is DISMISSED without prejudice and this case is CLOSED. Signed by Judge J. Randal Hall on 12/11/09. (cmr)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION SHARON B. ELLISON, Plaintiff,
V.

CV 108-161

CHRISTOPHER ABBE, et al., Defendants.

ORDER
The Magistrate Judge recommended that the above-captioned case be dismissed without prejudice after Plaintiff repeatedly failed to comply with multiple court orders instructing her to re-file her complaint and motion to proceed in forma pauperis on the proper forms. (See doc. no. 14). After the time for filing objections to the Report and Recommendation ("R&R") had expired and Plaintiff had failed to file any objections, the recommendation was adopted as the opinion of this Court, Plaintiff's case was dismissed, and this civil action was closed. (See doc. no. 16). Approximately one month later, Plaintiff's motion for an extension of time to file objections to the R&R arrived at the Clerk of Court's office. ($ee doc. no. 18). Given that the motion and one of the attached certificates of service were dated the day before the deadline for filing objections had expired, the Court vacated the Adoption Order and Judgment entered in this case (doc. nos. 16 & 17) and re-opened the case to allow Plaintiff

to file her objections to the Report and Recommendation. (See doc. no. 19, P. 2). Plaintiff was specifically instructed that she would have "until the close of business on Monday.
November 2. 2009, to file her objections." (j (emphasis in original)).

The November 2nd deadline has expired, and Plaintiff has failed to file any objections to the Report and Recommendation. Therefore, after a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's motion to proceed IFP is DENIED (doc. no. 2), this case is DISMISSED without prejudice, and this case is CLOSED. SO ORDERED this / day of December, 2009, at Augusta,

II

STATES DISTRICT JUDGE

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