McDonald-Elery v. Natchez-Adams School District

Filing 8

ORDER Signed by District Judge Keith Starrett on 2/14/2018 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

AMY MCDONALD-ELERY

VS.

PLAINTIFF

CIVIL ACTION NUMBER 5:18-CV-1-KS-MTP

NATCHEZ-ADAMS SCHOOL DISTRICT

DEFENDANT

ORDER
On January 22, 2018, a Report and Recommendation [5] was entered by Magistrate
Judge Michael T. Parker. On February 2, 2018, the Plaintiff filed an Objection [6] to the Report
and Recommendation. The undersigned Judge overlooked the Objection and entered an Order
adopting the Report and Recommendation as being unresponded to. This Order was entered in
error.
The undersigned Judge has reviewed the Report and Recommendation and reviewed the
Objection [6] filed by Plaintiff and finds that the Objection does in fact point out an error in the
Report and Recommendation of Magistrate Parker dealing with the balance in the bank account.
However, the Court finds that the reasoning in the Report and Recommendation is correct and
that the Plaintiff has adequate assets that are available to her and her husband to pay the filing
fee without creating an undue hardship. The Court finds that the Motion for Leave to Proceed in
forma pauperis [2], should be DENIED;
That Plaintiff should be given (60) sixty days from the date of this Order to pay all of the
costs associated with the filing of this lawsuit; and

That should Plaintiff fail to timely pay all of the costs associated with the filing of this
lawsuit, this matter may be dismissed without prejudice and without further notice.
SO ORDERED AND ADJUDGED, this the

14th

day of February, 2018.

__ s/Keith Starrett ________________
UNITED STATES DISTRICT JUDGE