Overton v. United States of America

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 2 Report and Recommendation, denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is granted 30 days from the date of this Order to pay the required filing fee of $350.00 or to sub mit an affidavit showing his income, assets, and debts such that he is unable to provide himself and his family with the necessities of life and still have sufficient funds to pay full filing fee of $350.00 in order to institute this action. Pl aintiff's complaint will not be deemed "filed" until the appropriate filing fee is paid or he is granted leave to proceed in forma pauperis. Plaintiff is advised that should he fail to pay the filing fee or submit an affidavit in support of his application proceed in forma pauperis within the 30 day time limit, this matter will be closed. Signed by Judge S Arthur Spiegel on 9/30/2011. (km1) (Additional attachment(s) added on 10/3/2011: # 1 Certified Mail Receipt) (km1).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BILL MAX OVERTON,
Plaintiff,
vs.
UNITED STATES OF AMERICA,
Defendant.

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NO. 1:11-CV-00591

ORDER

This matter is before the Court on the Magistrate Judge’s
Report and Recommendation (doc. 2).
Proper Notice has been given to the parties under 28
U.S.C. § 636(b)(1)(C), including notice that the parties would
waive further appeal if they failed to file objections to the
Report and Recommendation in a timely manner.
Walters, 638 F.2d 947 (6th Cir. 1981).

United States v.

As of the date of this

Order, no objections have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C.
§

636,

the

Court

finds

the

Magistrate

Judge’s

Report

and

Recommendation thorough, well-reasoned, and correct.
Accordingly, the Court hereby ADOPTS and AFFIRMS the
Magistrate Judge’s Report and Recommendation (doc. 2) in all
respects, and DENIES Plaintiff’s motion for leave to proceed in
forma pauperis.

The Court further GRANTS Plaintiff thirty (30)

days from the date of this Order to pay the required filing fee of
$350.00 or to submit an affidavit showing his income, assets, and

debts such that he is unable to provide himself and his family with
the necessities of life and still have sufficient funds to pay the
full filing fee of $350.00 in order to institute this action.
Adkins v. E.I. Dupont De Nemours & Co., Inc., 335 U.S. 331, 339
(1948). Plaintiff’s Complaint will not be deemed “filed” until the
appropriate filing fee is paid or he is granted leave to proceed in
forma pauperis.
Cir. 1998).

Truitt v. County of Wayne, 148 F.3d 644, 648 (6th

Plaintiff is advised that should he fail to pay the

filing fee or submit an affidavit in support of his application to
proceed in forma pauperis within the thirty (30) day time limit,
this matter will be closed.

SO ORDERED.

Date: September 30, 2011 /s/ S. Arthur Spiegel
S. Arthur Spiegel
United States District Senior Judge

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