Moore v. Walton et al, No. 4:2020cv01370 - Document 8 (N.D. Ala. 2021)
Court Description: MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation and Plaintiff's Objections, the Magistrate Judge's Report is hereby ADOPTED and the Recommendation is ACCEPTED. Therefore, this action is due to be dismissed without prejudice for failure to prosecute. A separate order will be entered. Signed by Judge R David Proctor on 1/7/2021. (KEK)
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Moore v. Walton et al Doc. 8 FILED 2021 Jan-07 AM 09:23 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION CHARLES EUGENE MOORE, Plaintiff, v. MS. WALTON, et al., Defendants. } } } } } } } } } Case No.: 4:20-cv-1370-RDP-GMP MEMORANDUM OPINION On November 30, 2020, the Magistrate Judge’s Report and Recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the Magistrate Judge. (Doc. # 6). On December 15, 2020, Plaintiff filed objections to the Magistrate Judge’s Report and Recommendation. (Doc. # 7). Plaintiff’s main objection is that he requests additional time to pay the partial filing fee. The simple answer to that objection is that Plaintiff may refile this § 1983 action when he is able to pay a partial filing fee. The dismissal of this action without prejudice will not prevent that action. Having carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation and Plaintiff’s Objections, the Magistrate Judge’s Report is hereby ADOPTED and the Recommendation is ACCEPTED. Therefore, this action is due to be dismissed without prejudice for failure to prosecute. A separate order will be entered. DONE and ORDERED this January 7, 2021. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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