Thompson et al v. Ross County Humane Society et al

Filing 3

REPORT AND RECOMMENDATION that this action be dismissed without prejudice for failure to pay the filing fee pursuant to Fed. R. Civ. P. 41(b). Objections to R&R due by 12/19/2016. Signed by Magistrate Judge Terence P. Kemp on 12/2/216. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Ivan Thompson, et al.,
Plaintiffs,

:
:

v.

:
:

Ross County Humane Society,
et al.,
Defendants.

Case No. 2:16-cv-929
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

:

REPORT AND RECOMMENDATION
Plaintiffs filed a complaint on September 27, 2016.

The

complaint was not accompanied by a filing fee or an application
to proceed in forma pauperis.

On October 19, 2016, the Court

ordered plaintiffs to pay the filing fee in full or move for
leave to proceed in forma pauperis within fourteen days.

The

Court also advised plaintiffs that their failure to do so may
result in the dismissal of this action.

Plaintiffs have not

complied with the order nor requested an extension of time to do
so.

The Court’s order has not been returned as undeliverable,

and the Court assumes plaintiffs received it.

They have not

offered any explanation for their failure to comply with the
order.

Consequently, the Court will recommend that this action

be dismissed for failure to pay the filing fee.
As set forth above, it is recommended that this action be
dismissed without prejudice for failure to pay the filing fee
pursuant to Fed. R. Civ. P. 41(b).
PROCEDURE ON OBJECTIONS
If any party objects to this Report and Recommendation, that
party may, within fourteen days of the date of this Report, file
and serve on all parties written objections to those specific
proposed findings or recommendations to which objection is made,

together with supporting authority for the objection(s).

A judge

of this Court shall make a de novo determination of those
portions of the report or specified proposed findings or
recommendations to which objection is made.

Upon proper

objections, a judge of this Court may accept, reject, or modify,
in whole or in part, the findings or recommendations made herein,
may receive further evidence or may recommit this matter to the
magistrate judge with instructions.

28 U.S.C. §636(b)(1).

The parties are specifically advised that failure to object
to the Report and Recommendation will result in a waiver of the
right to have the district judge review the Report and
Recommendation de novo, and also operates as a waiver of the
right to appeal the decision of the District Court adopting the
Report and Recommendation.

See Thomas v. Arn, 474 U.S. 140

(1985); United States v. Walters, 638 F.2d 947 (6th Cir.1981).

/s/ Terence P. Kemp
United States Magistrate Judge

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