Moore v. Moore

United States District Court for the Northern District of Alabama

Moore v. Moore

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION

CHARLES EUGENE MOORE, ) ) Plaintiff, ) ) v. ) Case No.: 5:19-cv-1454-LCB-GMB ) V. MOORE, ) ) Defendant. )

ORDER On December 12, 2019, U.S. Magistrate Judge Gray M. Borden issued a Report and Recommendation in accordance with

28 U.S.C. § 636

(b)(1) recommending that this action be dismissed without prejudice for failure to comply with a court order (Doc. 7). On October 31, 2019, Plaintiff Charles Eugene Moore was ordered to pay a partial filing fee of $11.50 and return a properly executed Prisoner Consent Form for payment of the remaining fee within thirty days (Doc. 6); the deadline passed without receipt of the payment or the consent form. Plaintiff thereafter moved to extend the payment deadline (Doc. 8), a request the Court construes as an objection to the Report and Recommendation. When a party objects to a portion of a Magistrate Judge’s report or proposed findings or recommendations, the District Court must conduct a de novo review of those portions of the report to which the party has specifically objected.

28 U.S.C. § 636

(b)(1). The Court reviews the unchallenged portions of the Magistrate Judge’s report for clear error. See LoConte v. Dugger,

847 F.2d 745, 750

(11th Cir. 1988). Having reviewed de novo the proposed findings and recommendations, the Court concludes that the Magistrate Judge’s Report and Recommendation (Doc. 7) should be ACCEPTED and hereby ADOPTS it as the findings of the Court. Accordingly, the Court OVERRULES Defendant’s objections and ORDERS that this action be DISMISSED WITHOUT PREJUDICE. DONE and ORDERED this April 20, 2020.

Ko SZ Sh LILES C. BURKE UNITED STATES DISTRICT JUDGE

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