Snow v. United States Of America, et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that: (1) Upon review of Magistrate Judge Blewitts Report and Recommendation (Doc. 8) for clear error or manifest injustice, the Report and Recommendation (Doc. 8) is ADOPTED. Plaintif f shall file an amended complaint consistent with the Report and Recommendation within thirty (30) days from the date of entry of this Order or the action will be dismissed. (2) Plaintiffs Application to Proceed In Forma Pauperis (Doc. 5) is GRANTED. Plaintiffs Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is DENIED as moot. (3) Plaintiffs Request to Discharge and/or Expunge Administrative Order to pay $350.00 Filing Fee under Civil Action No. 3:13-CV-0789 (Doc 9) is DENIED becaus e Plaintiff filed a complaint and an application to proceed in forma pauperis; 28 U.S.C. § 1915 makes clear that filing fees shall be assessed, and makes no provision for a refund of such fees. Williams v. United States District Court for the Di strict of New Jersey, 455 F. Appx 142, 144 (3d Cir. 2011) (citing 28 U.S.C. § 1915(b); Porter v. Dept of Treasury, 564 F.3d 176, 179 (3d Cir. 2009)).(4) The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 7/17/13. (jam)