UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION

ROBERT J. ATKINS, ) ) Plaintiff, ) 3:23-CV-00003-DCLC-JEM )

v. )

) STEVEN SWORD, et al., ) ) Defendants. ) ) )

ORDER This matter is before the Court to consider the Report and Recommendation (“R&R”) of the United States Magistrate Judge [Doc. 11]. In the R&R, the magistrate judge recommends that Plaintiff’s Application to Proceed In Forma Pauperis [Doc. 4] be denied and that Plaintiff be given 21 days to pay the $350.00 filing fee [Doc. 11, pg. 2]. The R&R further recommends that the case be dismissed without prejudice if Plaintiff fails to pay the fee in that time [Id.]. The parties did not file objections to the R&R.1 See Fed.R.Civ.P. 72(b). After thorough consideration of the R&R and the record as a whole, the Court finds that the R&R properly analyzes the issues presented. For the reasons set out in the R&R, which are incorporated by reference herein, it is hereby ORDERED that the R&R [Doc. 11] is ADOPTED, and Plaintiffs’ Application to Proceed In Forma Pauperis [Doc. 4] is DENIED. Plaintiff shall have until Friday, May 12, 2023 to pay the $350.00 filing fee. Failure to pay the fee will result in dismissal of this case without prejudice. SO ORDERED:

1 Failure to file objections within the 14-day period pursuant to Rule 72(b) results in waiver of the right to appeal the Court’s order. Thomas v. Arn,

(1985). s/ Clifton L. Corker United States District Judge