Davis v. Wheeler Correctional Facility

Filing 8

ORDER adopting re 5 Report and Recommendations. Therefore, Pla's case is Dismissed w/o prejudice and this civil action is Closed. Signed by Judge Dudley H. Bowen on 11/12/09. (cmr)

ORIGINAL
LTD IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA
2001 12 P 2:22 11h/6 111y

DUBLIN DIVISION CHRISTOPHER GREGORY DAVIS, Plaintiff,
V.

) ) ) )
) )

CV 309-032

WHEELER CORRECTIONAL FACILITY,) ) Defendant. )

ORDER

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 case is DISMISSED without prejudice, and this civil action is CLOSED. SO ORDERED this /dayc

'The Magistrate Judge recommended that Plaintiff's casebe dismissed for Plaintiff's failure to comply with the June 30, 2009 and August 7, 2009 Orders that directed Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees forms. (Doc. no. 5) (citing 28 U.S.C. § 1915(b)(1)). The Court is aware that on September 17, 2009, after the Report and Recommendation was entered, Plaintiff filed his Prisoner Trust Fund Account Statement. (Doc. no. 7). Notably, however, Plaintiff never submitted his Consent to Collection of Fees form. Therefore, Plaintiff has not fulfilled the required elements for proceeding in fortnapauperis ("IFP"). Finally, as noted above, Plaintiff did not object to the Report and Recommendation.