2003 | Cited 0 times | D. Rhode Island | July 23, 2003

Report and Recommendation

Plaintiff filed the instant 42 U.S.C. § 1983 action on June 4, 2003, together with a request to proceed in forma pauperis. Plaintiffs motion to proceed in forma pauperis was denied. The Court thereafter failed to timely receive the filing fee and this case was dismissed. In the instant motion, plaintiff seeks this Court to reconsider the dismissal of this case, averring that the Adult Correctional Institutions failed to timely transmit the necessary funds to the Clerk of Court. In fact, the Clerk received the funds following the dismissal of this case. Accordingly, I find plaintiffs motion to reconsider should be granted, and the case re-opened.

Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P.72(b); Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision. United States v. Valencia-Copete, 792 F.2d 4 (1st Cir. 1986)(per curiam); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603 (1st Cir. 1980).

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