Gabel v. Hudson et al

Filing 24

ORDER adopting and affirming 16 the Report and Recommendation; granting 10 Defendants' Motion to Vacate; granting 23 Plaintiff's Motion for Extension of Time. Signed by Judge Michael H. Watson on 1/15/15. (jk1) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

KERMIT GABEL,

Plaintiff,
Civil Action 2:14-cv-1057
Judge Watson
Magistrate Judge King

vs.
'

'·

STUART HUDSON, eta/.,

Defendants.

ORDER
On December 16, 2014, the United States Magistrate Judge
recommended that defendants' motion to vacate the order granting plaintiff's
motion for leave to proceed in forma pauperis, Motion to Vacate, ECF 10, be
granted and that plaintiff be ordered to pay, within fourteen (14) days, the full
$400.00 filing fee. Report and Recommendation, ECF 16. Because $350.00
had already been paid on plaintiff's behalf, plaintiff was directed to pay an
additional $50.00. /d. This matter is now before the Court on plaintiff's objection
to that recommendation. Objection, ECF 22. The Court will consider the matter
de novo. See 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b).
Plaintiff does not object to any portion of the Report and Recommendation
except that portion that requires the payment of an additional $50.00. As to that
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portion, plaintiff bases his objection:
on fact that all the printed paperwork he has ever recieved [sic] from
this Court has cleary [sic] printed the filing fee is $350.00. When did
filing fee increase to $400.00? If it was raised after filing date in
instant case, how can the increase be applied?
Objection.
The current filing fee for a civil case is $350.00. 28 U.S.C. § 1914(a).
However, the Judicial Conference of the United States is authorized to require
payment of an additional fee, 28 U.S.C. § 1914(b), and a $50.00 administrative
fee was added to the filing fee at the direction of the Judicial Conference of the
United States, effective December 10, 2013. Plaintiff filed this action on July 31,
2014, at a time when the $50.00 administrative fee was charged to all civil
plaintiffs except those proceeding in forma pauperis. Thus, the Report and
Recommendation was correct in assessing the additional $50.00 fee.
Accordingly, the Report and Recommendation, ECF 16, is ADOPTED

AND AFFIRMED. Defendants' Motion to Vacate the Order Granting Leave to
Proceed in Forma Pauperis, ECF 10, is GRANTED. Plaintiff is assessed the full
filing fee and must pay the remaining $50.00 due and owing.
Plaintiff has also asked for an extension of time in which to pay the
remaining $50.00. Motion for Extension of Time, ECF 23. However, plaintiff does
not specify the extension sought. Plaintiff's motion, ECF 23, is GRANTED.
Plaintiff must pay the remaining $50.00 no later than March 2, 2015. His failure
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to do so may result in the dismissal of the action for want of prosecution.
IT IS SO ORDERED.

M1

HAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

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