United States District Court, W.D. Pennsylvania
December 15, 2005.
RICKY SAMUEL ANDERSON, Plaintiff,
LAUREL LEGAL SERVICES., Defendant.
The opinion of the court was delivered by: DAVID CERCONE, District Judge
The Plaintiff's complaint was received by the Clerk of Court on
October 17, 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 21, 2005, (Doc. 5) 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
Mayview State Hospital, Bridgeville, Pennsylvania, were he is currently residing. Objections to the Report and Recommendation
were filed by plaintiff on December 12, 2005. The full filing fee
of $250.00 has not been received. After de novo review of the
pleadings and documents in the case, together with the Report and
Recommendation and Objections thereto, the following order is
AND NOW, this 15th 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. 5) is adopted
as the opinion of the court insofar as it recommends the
dismissal of this action.
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