Case Information

*1 Case 3:11-cv-00291-WKW-SRW Document 8 Filed 12/21/11 Page 1 of 2

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION GENE COGGINS, )

) Plaintiff, ) ) v. ) CIVIL ACTION NO. 3:11CV291-WKW

) HUGULEY WATER DEPARTMENT, )

et al., )

) Defendants. ) RECOMMENDATION OF THE MAGISTRATE JUDGE

By order entered on December 2, 2011, this court denied plaintiff’s motion to proceed in forma pauperis in this action and directed plaintiff to pay the civil action filing fee on or before December 16, 2011. (Doc. # 7). The court warned plaintiff that if he failed to pay the filing fee within the time allowed, this action may be dismissed. In the absence of an order allowing him to proceed in forma pauperis , plaintiff must pay the civil action filing fee. See 28 U.S.C. §§ 1914, 1915. Plaintiff has not paid the filing fee and has not sought an extension of time to do so.

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this action be DISMISSED without prejudice due to plaintiff’s failure to pay the filing fee within the time allowed by the court.

The Clerk of the Court is ORDERED to file the Recommendation of the Magistrate Judge and to serve a copy on the parties to this action. The parties are DIRECTED to file any objections to this Recommendation on or before January 4, 2012. Any objections filed must

Case 3:11-cv-00291-WKW-SRW Document 8 Filed 12/21/11 Page 2 of 2 specifically identify the findings in the Magistrate Judge’s Recommendation to which the party objects. Frivolous, conclusive or general objections will not be considered by the District Court.

Failure to file written objections to the proposed findings and recommendations in the Magistrate Judge’s report shall bar the party from a de novo determination by the District Court of issues covered in the report and shall bar the party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Resolution Trust Co. v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); Henley v. Johnson, 885 F.2d 790, 794 (11th Cir. 1989). DONE, this 21st day of December, 2011.

/s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE 2