Cody-Hassan v. Wiesenbach et al

Filing 8

ORDER ADOPTING 6 Proposed Findings and Recommendations of Magistrate Judge: Plaintiff's 1 Motion for Leave to Proceed in forma pauperis is DENIED; Plaintiff's 2 Complaint is DISMISSED without prejudice pursuant to the three strikes rule. If Plaintiff wishes to pursue this case, he should submit, within 30 days, the statutory filing fee of $400 to the Clerk. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 6/3/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
STEPHEN CODY-HASSAN
ADC # 146160
v.

PLAINTIFF

1:14CV00049-JM-JJV

WILLIAM WIESENBACH, JR.; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted
in their entirety as this Court's findings in all respects.

IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Application to Proceed Without Prepayment of Fees and Affidavit (Doc.

No. 1) is DENIED.
2.

Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice pursuant to the

three strikes rule set forth in 28 U.S.C. § 1915(g).
3.

If Plaintiff wishes to pursue this case, he should submit within thirty (30) days of this

Order: (a) the statutory filing fee of $400, in full, to the Clerk, noting the case style and number; and
(b) a motion to reopen the case.
4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
DATED this 3rd day of June, 2014.

____________________________________
JAMES M. MOODY JR.
UNITED STATES DISTRICT JUDGE