Filed: Jul. 15, 2019
Latest Update: Jul. 15, 2019
Summary: ORDER MICHAEL H. WATSON , District Judge . The Magistrate Judge issued a Report and Recommendation ("R&R") recommending the deniai of Zamvir Zariwaia's ("Defendant") motion to dismiss, EOF No. 13, without prejudice and further recommending that Wiliiam E. Martin's ("Piaintiff") in forma pauperis status be revoked pursuant to the three-strikes rule. R&R, EOF No. 15. Piaintiff failed to file a timely objection, and the Court adopted the R&R on April 26, 2019. Op. and Order, EOF No. 16. Piain
Summary: ORDER MICHAEL H. WATSON , District Judge . The Magistrate Judge issued a Report and Recommendation ("R&R") recommending the deniai of Zamvir Zariwaia's ("Defendant") motion to dismiss, EOF No. 13, without prejudice and further recommending that Wiliiam E. Martin's ("Piaintiff") in forma pauperis status be revoked pursuant to the three-strikes rule. R&R, EOF No. 15. Piaintiff failed to file a timely objection, and the Court adopted the R&R on April 26, 2019. Op. and Order, EOF No. 16. Piaint..
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ORDER
MICHAEL H. WATSON, District Judge.
The Magistrate Judge issued a Report and Recommendation ("R&R") recommending the deniai of Zamvir Zariwaia's ("Defendant") motion to dismiss, EOF No. 13, without prejudice and further recommending that Wiliiam E. Martin's ("Piaintiff") in forma pauperis status be revoked pursuant to the three-strikes rule. R&R, EOF No. 15. Piaintiff failed to file a timely objection, and the Court adopted the R&R on April 26, 2019. Op. and Order, EOF No. 16. Piaintiff then moved the Court to set aside its adoption, alleging he never received the Court mailings due to a prison transfer. ECF No. 17.
The Court granted Piaintiff an extension until Wednesday, July 3, 2019, to file objections to the R&R. Order, ECF No. 19. To date, Piaintiff has failed to file objections. PiaintifFwas cautioned that failure to do so would result in reinstatement of the Court's previous Order adopting the R&R.
Accordingly, the Court reinstates its previous Opinion and Order, ECF No. 16, ADOPTS the R&R, REVOKES Plaintiffs in forma pauperis status, and ORDERS that he pay the $400 filing fee within thirty days. Plaintiffis cautioned that his failure to pay the $400 filing fee within thirty days of this Order will result in dismissal of this action for failure to prosecute.
IT IS SO ORDERED.
