DEGIFICO v. WARNER

2005 | Cited 0 times | D. Maine | November 9, 2005

ORDER ON PLAINTIFF'S MOTION FOR LEAVE TO FILE IN FORMA PAUPERIS

On September 30, 2005, Frank Degifico filed a motion for leaveto proceed in forma pauperis. (Docket # 2). On October 3, 2005,Magistrate Judge Kravchuk denied the motion, based on the fact itwas not properly completed and gave Mr. Degifico until October17, 2005 to file a proper application. (Docket # 3). When hefailed to do so, on October 19, 2005 she recommended dismissal ofthe case. (Docket # 6). On November 8, 2005, just before thisCourt was going to act on the Recommended Decision, Mr. Degificofiled a properly completed motion for leave to proceed in formapauperis. (Docket # 7).

Although there is nothing in the motion that explains why Mr.Degifico failed to timely comply with Magistrate Judge Kravchuk'sOctober 3, 2005 Order, this Court is not inclined to dismiss thecase on a purely procedural basis, since Mr. Degifico is actingpro se and he complied with the Order, albeit belatedly, beforethe Recommended Decision was formally accepted.1 This Court therefore GRANTS the Plaintiff's Motion for Leave toFile In Forma Pauperis and as a consequence the RecommendedDecision dated October 19, 2005 is dismissed as moot.

SO ORDERED.

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