ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS, DENYING MOTION FOR APPOINTMENT OF COUNSEL AND DISMISSING ACTION
ROBERT WHALEY, District Judge
Magistrate Judge Imbrogno recommended on August 15, 2006, that Mr. Moreley's request to proceed in forma pauperis be denied as it failed to satisfy the exception under 28 U.S.C. § 1915(g). The court further recommended Plaintiff's motion for appointment of counsel (Ct. Rec. 12) be denied. There being no objection, IT IS ORDERED the Report and Recommendation is ADOPTED in its entirety.
Plaintiff was advised if he wished to proceed with this action, he must pay the $350.00 filing fee. He has not done so. For the reasons stated above and in the Report and Recommendation (Ct. Rec. 13), IT IS ORDERED the application to proceed in forma pauperis is DENIED, the Motion for Appointment of Counsel (Ct. Rec. 12) is DENIED and this action is DISMISSED. IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward a copy to Plaintiff, enter judgment and close the file.