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06-061 - Welch v. Charlan et al


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06-061 - Welch v. Charlan et al
September 24, 2008
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REPORT AND RECOMMENDATIONS. RECOMMENDED that the order granting plaintiff IFP status be VACATED in relevant part, that plaintiff's complaint (dkt no. 1) be DISMISSED as to all defendants and all claims unless Welch pays the requiring filing fee of $350.00 in full within 30 days after the entry of a final order by the district judge addressing this recommendation and that the parties' cross-motions for summary judgment (dkt nos 42, 43) be DENIED AS MOOT, without prejudice to renewal if this report is rejected, or plaintiff pays the requisite filing fee within the prescribed period. Objections to R&R due by 10/8/2008 Case Review Deadline 10/14/2008. Signed by Magistrate Judge David E. Peebles on 9/24/08. (nas)
December 16, 2008
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MEMORANDUM-DECISION and ORDER: Report and Recommendation 53 is ADOPTED in its entirety. ORDERED that Plaintiff's in forma pauperis status is REVOKED as having been improvidently granted. ORDERED that if Plaintiff has not paid the Court's prior filing fee of $250.00 within 30 days of the date of this Memorandum-Decision and Order, his complaint shall be DISMISSED without further Order of the Court. ORDERED that the parties' cross-motions for summary judgment 42 and 43 are DENIED as moot without prejudice to renewal if Plaintiff pays the required filing fee within the prescribed period. Signed by Judge Glenn T. Suddaby on 12/16/08. (Order served on non-ecf party by regular mail) (alh, )