RUFFIN v. UNITED STATES OF AMERICA

Filing 5

RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 06/25/2014, that this action be DISMISSED WITHOUT PREJUDICE.(Taylor, Abby)

IN THE, UNITE,D STATES DISTRICT COURT
FOR THE, MIDDLE, DISTRICT OF NORTH CAROLINA

ANTHONY R¡.VON RUFF'IN,

)
)

Plaintiff,

)
)

v.

1.:1.4CY241

)

)

UNITE,D STATE,S OF' AMERICA,

)
)

Defendant(s)

)

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter comes before the Court saa sponte. Plaintiff filed an application to
proceed in þrna þaøþeris, and on Match 25, 20'1,4, the

Cout ordered that this case be filed,

but futher ptoceedings and service of summons be stayed until Plaintiff submit to the Court
an initial filing fee

of

$36.64,

statement made undet penalty

or

alternatively, a motion

fot relief ftom the

of pe{ury that he has not had access to

payment of the sum(s) noted above for the 60-day period. (Docket Entry
specifically watned Petitionet that any failure
action without futthet notice. (Id. at

3.) On June 3,20'1,4, the Coutt

of his failue to submit the initial filing
Q)ocket Entry

4.) Plaintiff

to comply would tesult in

payment,

st^y,

^nd

^

any funds fot

3.) That Otder

dismissal

again warned

of this

Plaintiff

or a motion for relief from the

stay.

was given ten days to comply with the Court's Order. (Id.) To

date, Plaintiff has failed to comply with either of the Coutt's previous Ordets. After review

of the relevant factors set out inBallard

u. Carls0n,882F.2d93,95-96 (4th Cir. 1989), the

undersigned concludes that dismissal is warranted in this case.

IT IS THEREFORE RECOMMENDED that this action be DISMISSED
!øTTHOUT PREJUDTCE.
This, the 25th day of Jvne,201,4

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