Miller v. Edward Sloan & Associates

Filing 7

ORDER ADOPTING 6 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND DENYING 3 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS: Plaintiff shall have until 12/12/2012, to pay to the clerk of Court the full filing fee of $350.00. (Ordered by Judge Terry R Means on 12/4/2012) (dnw)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
FRANCES MILLER

§
§
§
§
§

VS.
EDWARD SLOAN & ASSOCIATES

CIVIL ACTION NO. 4:12-CV-790-Y

ORDER ADOPTING FINDINGS, CONCLUSIONS,
AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND
DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
On

November

7,

2012,

the

magistrate

judge

entered

his

Findings, Conclusions, and Recommendation (“FCR”) (doc. 6). In his
FCR, the magistrate judge found that Plaintiff had sufficient
monthly resources available to pay the filing fee in this case.
Based on this finding, the magistrate judge recommended that
Plaintiff’s

Application

to

Proceed

in

District

Prepaying Fees or Costs (doc. 3) be denied.

Court

Without

The magistrate judge

further recommended that Plaintiff be informed that her complaint
will be subject to dismissal without further notice under Federal
Rule of Civil Procedure 41(b) unless she timely pays the full
filing fee of $350.00.

Plaintiff was given until November 28,

2012, to file objections to the magistrate judge’s FCR, but she
filed none.
After review, the Court ADOPTS the magistrate judge’s FCR
(doc. 6) as the findings and conclusions of this Court for the
reasons stated therein. Plaintiff’s motion for leave to proceed in
forma pauperis (doc. 3) is DENIED.

Plaintiff shall have until

December 12, 2012, to pay to the clerk of Court the full filing fee

of $350.00.

Failure to do so will result in the dismissal of

Plaintiff’s case, without prejudice but without further notice.
SIGNED December 4, 2012.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

TRM/dc

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