United States District Court, W.D. Pennsylvania
December 9, 2005.
EDWARD TAYLOR, Plaintiff,
COUNTY OF ALLEGHENY, et al., Defendants.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
The Plaintiff's complaint was received by the Clerk of Court on
September 19, 2005, and was referred to United States Magistrate
Judge Francis X. Caiazza for pretrial proceedings in accordance
with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Local Rule
The magistrate judge's Report and Recommendation, filed on
November 11, 2005, (Doc. 3) recommended that the Plaintiff's
application for leave to proceed in forma pauperis (Doc. 1)
should be denied and that he be required to pay the full filing
fee of $250.00 within twenty (20) days following the entry of the
Memorandum Order or suffer dismissal of this action. The
Plaintiff was allowed ten (10) days from the date of service to
file objections and twenty (20) days from the date of service to
pay the full filing fee of $250.00. Service was made on the
Plaintiff by First Class United States Mail delivered to the
State Correctional Institution at Mahanoy, Frackville,
Pennsylvania, were he is incarcerated. No objections have been
filed nor has the full filing fee of $250.00 been received. After
review of the pleadings and documents in the case, together with
the Report and Recommendation, the following order is entered: AND NOW, this 9th day of December, 2005;
IT IS HEREBY ORDERED that the Plaintiff's application for leave
to proceed in forma pauperis (Doc. 1) is denied and that
the complaint is dismissed. The Plaintiff may reopen this case
within the applicable limitations period by the payment of the
full filing fee of $250.00.
The Report and Recommendation of United States Magistrate Judge
Francis X. Caiazza, dated November 17, 2005 (Doc. 3), is adopted
as the opinion of the court insofar as it recommends the
dismissal of this action.
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