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08-046 - Rice v. Eason et al


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08-046 - Rice v. Eason et al
December 15, 2008
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REPORT AND RECOMMENDATION - Because pltf has already sustained the "three strikes" and can no longer avail himself of the provisions for proceed ifp it is the recommendation of the Mag Judge to the Dist Judge that pltf's request to proceed ifp be denied and that the instant cause be dismissed for failure to pay the requisite filing fee. Permission to proceed ifp is granted temporarily and solely for the purpose of allowing a R&R to issue and be considered by the US Dist Judge. Pltf is advised that if he pays the $350.00 filing fee within 14 days after the filing date hereof, this R&R of dismissal will be withdrawn. Any objections must be filed on or before the 14th day after this recommendation is filed as indicated by the "entered" date. (Ordered by Magistrate Judge Clinton E Averitte on 12/15/08) (plh)
December 31, 2008
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ORDER REVOKING PAUPER STATUS AND ORDER OF DISMISSAL - Adopting 15 Report and Recommendation as supplemented herein. Ordered: 1) Plaintiff's pauper status is revoked, and 2) The instant cause is dismissed without prejudice to refiling with prepayment of the filing fee. (Ordered by Judge Mary Lou Robinson on 12/31/08) (djs)