Spikes v. Seal et al

Filing 11

ORDER that the Court declines to adopt the Magistrate's 8 REPORT AND RECOMMENDATIONS. Plaintiff's 10 MOTION for Leave to Proceed in forma pauperis filed is GRANTED. Signed by Judge Jane Triche Milazzo on 11/9/2016. (NEF: JVM)(ecm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JAMES JERROD SPIKES

CIVIL ACTION

VERSUS

NO: 16-2794

RANDY SEAL, ET AL

SECTION: “H”
ORDER

Before the Court is a Report and Recommendation of the Magistrate
Judge.

The Magistrate recommended that this matter be dismissed with

prejudice for failure to prosecute because Plaintiff had neither paid the filing
fee nor filed an application to proceed in forma pauperis.

Following the

issuance of the Report and Recommendation, Plaintiff filed his application to
proceed in forma pauperis.

Accordingly, the Court declines to adopt the

Magistrate’s Report and Recommendation.
IT IS ORDERED that Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (Doc. 57) is GRANTED.
New Orleans, Louisiana this 9th day of November, 2016.

____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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