Cox v. United States

Filing 12

ORDER RULING ON REPORT AND RECOMMENDATION adopting 9 Report and Recommendation. Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 2) is DENIED, and Plaintiff shall have twenty-one (21) days from the da te of this order to pay the $400.00 filing fee. It is further ORDERED that, in the event Plaintiff fails to timely pay the filing fee, the Complaint shall be DISMISSED without prejudice under the three strikes rule of 28 U.S.C. § 1915(g), and the Clerk shall enter final judgment. Signed by Honorable Timothy M Cain on 7/2/2015. (gpre, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Paul Leslie Cox, #75206,

)
)
Plaintiff,
)
)
v.
)
)
United States,
)
)
Defendant.
)
____________________________________)

C.A. No. 8:15-2039-TMC

ORDER

Plaintiff, a state prisoner proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was
referred to a magistrate judge for pretrial handling. Before the court is the magistrate judge’s
Report and Recommendation (“Report”), recommending that Plaintiff's motion to proceed in
forma pauperis be denied and that Plaintiff’s Complaint be dismissed without prejudice if he fails
to timely pay the full filing fee because Plaintiff is subject to the “three strikes” rule of the Prison
Litigation Reform Act. (ECF No. 9). Plaintiff was advised of his right to file objections to the
Report. (ECF No. 9 at 4). However, Plaintiff filed no objections to the Report, and the time to do
so has now run.
The Report has no presumptive weight and the responsibility to make a final determination
in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In
the absence of objections, this court is not required to provide an explanation for adopting the
Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the absence of a
timely filed objection, a district court need not conduct a de novo review, but instead must only
satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)

(quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge's Report (ECF No. 9) and incorporates it herein. It is therefore ORDERED that
Plaintiff's Motion for Leave to Proceed in forma pauperis (ECF No. 2) is DENIED, and Plaintiff
shall have twenty-one (21) days from the date of this order to pay the $400.00 filing fee. It is
further ORDERED that, in the event Plaintiff fails to timely pay the filing fee, the Complaint shall
be DISMISSED without prejudice under the three strikes rule of 28 U.S.C. § 1915(g), and the
Clerk shall enter final judgment.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
July 2, 2015

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4 of
the Federal Rules of Appellate Procedure.