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Little v. Grondolsky

United States District Court, D. Massachusetts

December 28, 2017

RONALD LITTLE, Petitioner,
v.
JEFFREY GRONDOLSKY, Warden, Federal Medical Center, Devens, Respondent.

          ORDER ADOPTING REPORT AND RECOMMENDATION

          George A. O'Toole, Jr. United States District Judge

         The magistrate judge to whom this matter was referred has recommended that this action be dismissed without prejudice for failure to comply with her procedural order concerning the filing fee. No objections were filed in response to the magistrate judge's Report and Recommendation (“R&R”).[1] After reviewing the R&R, the procedural order, and the petitioner's submissions, I ADOPT the R&R (dkt. no. 6) in its entirety. The case is dismissed without prejudice.

         It is SO ORDERED.

         ORDER FOR REASSIGNMENT TO DISTRICT JUDGE AND REPORT AND RECOMMENDATION FOR DISMISSAL

          ROBERTSON, M.J.

         For the following reasons, the Court directs the reassignment of this case to a District Judge and recommends that the District Judge to whom this case is reassigned to dismiss this action without prejudice.

         I.Background

         Petitioner Ronald Little, an inmate confined to Federal Medical Center, Devens, in Massachusetts ("FMC Devens"), filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. This action was randomly assigned to the undersigned Magistrate Judge pursuant to the District Court's Program for Random Assignment of Civil Cases to Magistrate Judges.

         By Procedural Order dated September 1, 2017, petitioner was advised that if he wishes to proceed with this action, he either must pay the $5 filing fee or file a motion for leave to proceed in forma pauperis with a copy of his prison account statement.

         The Court's records indicate that petitioner has not responded to the Procedural Order and the time to do so expired on September 22, 2017.

         II. Order for Reassignment

         This Court will direct that the case file for this action be returned to the Clerk's Office for REASSIGNMENT to a District Judge for dismissal without prejudice.

         III. Recommendation to the District Judge

         For the foregoing reasons, the Court recommends that the District Judge to whom this case is reassigned that this action be dismissed without prejudice for failure to comply ...


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