BAILEY v. RENDELL et al

Filing 6

MEMORANDUM ORDER:IT IS HEREBY ORDERED that the Order dated June 17, 2009, granting the Plaintiff's motion to proceed in forma pauperis 2 is VACATED. IT IS FURTHER ORDERED that the Plaintiff's Motion to Proceed In Forma Pauperis is DENIED . IT IS FURTHER ORDERED that this action is DISMISSED for the Plaintiff's failure to pay the filing fee with the right of the Plaintiff to reopen by paying the full $350.00 filing fee within sixty (60) days. IT IS FURTHER ORDERED that the Report and Recommendation 5 of Magistrate Judge Lenihan, dated October 27, 2009, is adopted as the Opinion of the Court. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Donetta W. Ambrose on 1/4/2010. (jlh )