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16-2741 - Todd v. Acevedo et al


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16-2741 - Todd v. Acevedo et al
October 13, 2016
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REPORT AND RECOMMENDATION that: 1. This action be DISMISSED WITHOUT PREJUDICE for failure to prosecute or, in the alternative, for lack of subject-matter jurisdiction. 2. The application to proceed in forma pauperis of Plaintiff Stephen Lawrence Todd, Jr. [ECF No. 2] be DENIED AS MOOT. 3. The agency having custody of Todd be ordered, in accordance with 28 U.S.C. § 1915(b), to forward payments from Todds prison trust account to the Clerk of Court each time the amount in the account exceeds $10.00 until the filing fee is paid. Signed by Magistrate Judge Steven E. Rau on 10/13/16. cc: Stephen Lawrence Todd, Jr. (LEG)
November 18, 2016
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ORDER re [Dkt. No. 7] REPORT AND RECOMMENDATION. (1) Plaintiff's objection to the Report and Recommendation [Dkt. No. 8] is OVERRULED.(2) The action is DISMISSED WITHOUT PREJUDICE. (3) Plaintiff's application to proceed in forma pauperis [Dkt. No. 2] is DENIED AS MOOT. (4) Plaintiff is assessed the $350 district court filing fee, payable immediately. (5) The agency having custody of Plaintiff is ordered, in accordance with 28 U.S.C. § 1915(b)(2), to forward payments from Todd's prison trust account to the Clerk of Court each time the amount in the account exceeds $10.00, until the unpaid balance of the $350 filing fee is fully paid. (6) Dismissal of Plaintiff's action is not counted as a strike for the purposes of 28 U.S.C. § 1915(g).(Written Opinion) Signed by Judge Joan N. Ericksen on November 18, 2016. (CBC) cc: Todd on 11/22/2016 (LPH).