Parks v. Holcomb et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Motion to Mandate :The Court hereby DISMISSES thecomplaint for want of prosecution.It is FURTHER ORDERED that plaintiffs "Motion To Mandate" (Doc. 5) is DENIEDas moot. Signed by Chief Judge Susan J. Dlott on 9/3/2014. (jlw1) (Additional attachment(s) added on 9/3/2014: # 1 Certified Mail Receipt) (jlw1).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION WARREN PARKS, Case No. 1:14-cv-318 Plaintiff, vs PROSECUTOR HOLCOMB, et al., Dlott, C.J. Litkovitz, M.J. ORDER Defendants. On July 31,2014, this Court adopted the Magistrate Judge's May 16, 2014 Report and Recommendation to deny plaintiff leave to proceed informa pauperis and ordered plaintiff "to pay the full $400.00 fee ($350 filing fee plus $50 administrative fee) required to commence this action within 30 days." (Doc. 8; see also Doc. 6). Plaintiff was "notified that his failure to pay the full $400 fee within 30 days will result in the dismissal of this action." (Doc. 8). Cf. In re Alea, 286 F.3d 378, 382 (6th Cir. 2002). Plaintiff has not paid the fee required to commence this action, and the deadline for doing so has passed. Therefore, the Court hereby DISMISSES the complaint for want of prosecution. It is FURTHER ORDERED that plaintiffs "Motion To Mandate" (Doc. 5) is DENIED as moot. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of this Court's Order would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997). IT IS SO ORDERED. ^L*d*&£)k& Susan J. Dlott, Chidf Judge United States DistricFCourt

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