Opinion
Civil Action No. 11 - 260 Johnstown
01-25-2012
PURCELL BRONSON, Plaintiff, v. MUHAMMAD NAJI, MARIA LEAHY, and MANDY VARNER, Defendants.
District Judge Kim R. Gibson
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
On November 10, 2011, a motion for leave to proceed in forma pauperis was filed in the above captioned case, which was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1), and Local Rules 72.C and 72.D.
The magistrate judge filed a Report and Recommendation on November 17, 2011, (ECF No. 3) recommending that Plaintiff's motion to proceed in forma pauperis be denied in accordance with 28 U.S.C. § 1915(g) and that this action be dismissed for Plaintiff's failure to pay the filing fee, with the right of Plaintiff to reopen by paying the full $350.00 filing fee. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until December 5, 2011, to file written objections. Plaintiff filed objections on December 12, 14, and 30, 2011. (ECF Nos. 7, 8, 10.) The objections do not undermine the conclusions set forth in the Report and Recommendation.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the objections thereto, the following order is entered.
AND NOW, this 25th day of January, 2012;
IT IS HEREBY ORDERED that Plaintiff's motion to proceed in forma pauperis (ECF No. 1) is DENIED in accordance with 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that Plaintiff may reopen this case by paying the full $350.00 filing fee within sixty (60) days.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 3) dated November 17, 2011, is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
_________________
Kim R. Gibson
United States District Judge
cc: Purcell Bronson
AF-8163
SCI Houtzdale
PO Box 1000
Houtzdale, PA 16698