United States District Court, W.D. Pennsylvania
December 19, 2005.
EDWARD A. DEEDS, Plaintiff,
SOCIAL SECURITY ADMINISTRATION, Defendant.
The opinion of the court was delivered by: KIM GIBSON, District Judge
This matter was referred to Magistrate Judge Keith A. Pesto for
pretrial proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636 (b) (1), and subsections 3 and 4 of Local Rule 72.1
for Magistrate Judges.
The Magistrate Judge sent the plaintiff an Authorization for
the payment of filing fees in accordance with the Prison
Litigation Reform Act and filed a Report and Recommendation on
December 5, 2005, docket no. 4, recommending that the complaint
be dismissed for failure to state a claim.
The plaintiff was also notified that pursuant to
28 U.S.C. § 636 (b) (1), he had ten days to serve and file written objections
to the Report and Recommendation. Plaintiff responded by sending
correspondence to the Magistrate Judge on December 7, 2005,
docket no. 6, which clarified that plaintiff intended to name
only the Social Security Administration as defendant, but
plaintiff has not filed an Authorization for the payment of the
filing fee, and the time to do so has expired. Since plaintiff
has not authorized the payment of filing fees and this is not a
matter exempt from such payment, plaintiff's complaint must be
dismissed for failure to prosecute. After review of the record of this matter, the following order
AND NOW, this 19th day of December, 2005, it is
ORDERED that the complaint is dismissed for failure to
prosecute. The Clerk shall mark this matter closed.
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