McAtee v. James

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 7 AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. Signed by District Judge Irene M. Keeley on 5/1/2014. (Copy pro se plaintiff via certified mail) (jmm) (Additional attachment(s) added on 5/1/2014: # 1 Certified Mail Return Receipt) (jmm).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA DUANE MCATEE, Plaintiff, v. // CIVIL ACTION NO. 1:13cv162 (Judge Keeley) JEFF JAMES, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 7] AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE On June 27, 2013, the pro se plaintiff, Duane McAtee (“McAtee”), filed a complaint against the defendant, Jeff James. (Dkt. No. 1). On June 28, 2013, the Court provided McAtee with notice of general guidelines for appearing pro se in federal court (dkt. no. 2) and notice of deficient pleading (dkt. no. 3), both of which McAtee accepted on July 3, 2013 (dkt. no. 5). The notice of deficient pleading informed McAtee that, among other things, he was required either to file an application in forma pauperis or to pay the $400 filing fee. The notice further advised him that failure to comply would result in the dismissal of the case, pursuant to Fed. R. Civ. P. 41(b). The Court referred this matter to the Honorable John S. Kaull, United States Magistrate Judge, who entered a report and recommendation (“R&R”) on December 11, 2013, recommending that the case be dismissed for failure to prosecute. Because McAtee has not complied with the notice of deficient pleading, nor filed any objections to the R&R, the Court ADOPTS the R&R and DISMISSES this case WITHOUT PREJUDICE for failure to prosecute. It is so ORDERED. The Court DIRECTS the Clerk to transmit copies of this Order to counsel of record and the pro se plaintiff, return receipt requested, and to enter a separate judgment order. DATED: May 1, 2014. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 2

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