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03-2655 - Morgan v. U.S. Probation Department EDNY et al


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03-2655 - Morgan v. U.S. Probation Department EDNY et al
November 25, 2008
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REPORT AND RECOMMENDATION: On 9/23/2008, the Court issued an Order directing plaintiff to show good cause in writing by 10/13/2008 why this case should not be dismissed as abandoned. Plaintiff has not responded to the Court's 18 Order. Therefore, it is respectfully recommended that this case should be dismissed and judgment should be entered. It is further recommended that the Court should certify pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status should be denied for the purpose of any appeal. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Ordered by Magistrate Judge Lois Bloom, on 11/24/2008) C/mailed. Objections to R&R due by 12/15/2008. (Latka-Mucha, Wieslawa)
December 30, 2008
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ORDER (ADOPTING REPORT AND RECOMMENDATION): The time for filing objections has lapsed, and Morgan has not attempted to correspond with the Court in any way. Accordingly, the Court adopts Magistrate Judge Bloom's 19 R&R and exercises its inherent power to dismiss this case for failure to prosecute. This Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED. (Ordered by Judge Carol B. Amon, on 12/29/2008) C/mailed. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)