Botelho v. AT Wall

Filing 5

ORDER adopting 3 Report and Recommendations; denying 2 Motion for Leave to Proceed in forma pauperis; and ordering Plaintiff to pay $5.00 Filing Fee on or before 5/5/15. So Ordered by Chief Judge William E. Smith on 3/20/15. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
A.T. WALL,
)
)
Defendant.
)
___________________________________)
JOSEPH BOTELHO,

C.A. No. 14-516 S

ORDER
WILLIAM E. SMITH, Chief Judge.
On

December

10,

2014,

United

States

Magistrate

Judge

Lincoln D. Almond issued a Report and Recommendation (“R&R”) in
the above-captioned matter (ECF No. 3), denying Joseph Botelho’s
(“Petitioner”) Application to Proceed Without Prepayment of Fees
(“Application,” ECF No. 2).

Judge Almond found that Petitioner

had the ability to pay the required $5.00 filing fee, based on
the balance of Petitioner’s prison account, and his prison job.
Petitioner objected to the R&R by filing a form indicating that
he

had

attempted

subsequent

to

to

draw

issuance

of

$5.00
the

from

R&R,

insufficient funds (ECF No. 4).

his

but

was

prison

account

denied

due

to

This Court agrees with Judge

Almond’s rationale and accepts the R&R, but due to Petitioner’s
unsuccessful

attempt

to

pay

the

$5.00

filing

fee,

provides

Petitioner 45 days from the date of this Order to pay.

If

Petitioner fails to do so, this action will be dismissed without
prejudice.
The R&R is hereby ADOPTED, and Petitioner directed to pay
the $5.00 filing fee within 45 days of this Order.

IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: March 20, 2015

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