Davis v. Kimberly et al

Filing 32

ORDER. The Court ADOPTS the R & R (Doc. 31 ) and DISMISSES this case for failure to comply with 28 U.S.C. § 1915(b)(1) by failing to timely pay the initial partial filing fee. Signed by Judge Staci M. Yandle on 9/29/14. (ajr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDWARD DAVIS,
Plaintiff,
Case No. 14-cv-192-SMY

vs.
NURSE KIMBERLY and DR. V. SHAH,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“R & R”) (Doc. 31) of
Magistrate Judge Philip M. Frazier recommending this Court dismiss this case for failure to comply with
28 U.S.C. § 1915(b)(1) by failing to pay his initial partial filing fee in a timely manner.
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of
the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de
novo the portions of the report to which objections are made. The Court has discretion to conduct a new
hearing and may consider the record before the magistrate judge anew or receive any further evidence
deemed necessary. Id. “If no objection or only partial objection is made, the district court judge reviews
those unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the R & R. The Court has reviewed the entire file and
finds that the R & R is not clearly erroneous. Accordingly, the Court ADOPTS the R & R (Doc. 31) and
DISMISSES this case for failure to comply with 28 U.S.C. § 1915(b)(1) by failing to timely pay the
initial partial filing fee. The Court DIRECTS the Clerk of Court to enter judgment accordingly.
IT IS SO ORDERED.
DATED: September 29, 2014

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE