Birdsong v. Department of Corrections et al

Filing 5

ORDER: (1) Mag Judge Hanly A. Ingram's 4 Recommended Disposition is ACCEPTED & ADOPTED; (2) Petitioner's 2 Motion for Leave to Proceed in forma pauperis is DENIED; (3) Petitioner shall submit $5 filing fee to Clerk no later th an 30 days from entry of this order; failure to pay will result in dismissal of action & will ot be reinstated to Court's active docket despite subsequent payment of filing fee. Signed by Judge Joseph M. Hood on 02/29/2012.(RJD)cc: PRO SE PETITIONER(via US Mail)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
RONALD BIRDSONG,

)
)
) Civil Action No. 5:12-cv-23-JMH
)
)
)
)
)
ORDER
)
)

Petitioner,
v.
GARY BECKSTROM, Warden,
Respondent.

**
This

matter

**

is

before

**

**

the

Court

**
on

the

Report

Recommendation of Magistrate Judge Hanly A. Ingram [DE 4].

and
Said

action was referred to the magistrate for the purpose of reviewing
the merit of Petitioner’s Application to Proceed Without Prepayment
of Fees [DE 2].
The Magistrate Judge's Recommended Disposition was entered in
the record on February 3, 2012, recommending that Petitioner’s
Application to Proceed Without Prepayment of Fees [DE 2] be denied
and advising Birdsong that, unless particularized objections to the
Recommended Disposition were due within fourteen days of the date
of service, further appeal of the issue raised in the Motion would
be waived.

Fourteen days have now expired, and Birdsong has filed

no objections.
Generally,

"a

judge

of

the

court

shall

make

a

de

novo

determination of those portions of the report or specified proposed
findings or recommendations made by the magistrate judge."

28

U.S.C. § 636.

However, when the petitioner fails to file any

objections to the Recommended Disposition, as in this case, "[i]t
does not appear that Congress intended to require district court
review of a magistrate's factual or legal conclusions, under a de
novo or any other standard."

Thomas v. Arn, 474 U.S. 140, 150

(1985). Consequently, this Court adopts the reasoning set forth in
the Recommended Disposition as its own.
Accordingly, IT IS ORDERED:
(1)

that the Recommended Disposition of Magistrate Judge

Hanly A. Ingram [Record No. 4] is ACCEPTED and ADOPTED;
(2)

that

Petitioner’s

Application

to

Proceed

Without

Prepayment of Fees [DE 2] is DENIED;
(3)

that the Petitioner shall submit the $5 filing fee to the

Clerk of the Court by no later than thirty (30) days from entry of
this Order.

Failure to pay the fee in accordance with the Court’s

order will result in dismissal of the action and that the action
will not be reinstated to the Court’s active docket despite the
subsequent payment of the filing fee. McGore v. Wrigglesworth, 114
F.3d 601, 605 (6th Cir. 1997).
This is the 29th day of February, 2012.