Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 2:09cv1069-ID [WO]. Judges Ira DeMent See more information ... Smart Summary Please sign up to generate summary. DALLAS LEVON SIMMONS, #180081, Plaintiff, v. DAVID HOLMES, Defendant. ORDER IRA DeMENT, District Judge On December 18, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice for the Plaintiff's failure to either request leave to proceed in forma pauperis or pay the requisite filing fee upon the initiation of this case.