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Davis v. Kimberly

United States District Court, S.D. Illinois

September 29, 2014

EDWARD DAVIS, Plaintiff,
v.
NURSE KIMBERLY and DR. V. SHAH, Defendants.

MEMORANDUM AND ORDER

STACI M. YANDLE, District Judge.

This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 31) of Magistrate Judge Philip M. Frazier recommending this Court dismiss this case for failure to comply with 28 U.S.C. § 1915(b)(1) by failing to pay his initial partial filing fee in a timely manner.

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed.R.Civ.P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the R & R. The Court has reviewed the entire file and finds that the R & R is not clearly erroneous. Accordingly, the Court ADOPTS the R & R (Doc. 31) and DISMISSES this case for failure to comply with 28 U.S.C. § 1915(b)(1) by failing to timely pay the initial partial filing fee. The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.


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