Lyons v. Moore et al

Filing 9

ORDER ADOPTING 2 Proposed Findings and Recommendations. Plaintiff Chandra Lyons' complaint is dismissed without prejudice. If Lyons wishes to continue this case, she is required to submit the filing and administrative fees of $400.00 to the Clerk of the Court within 30 days of the case's dismissal, along with a motion to reopen the case. The Court certifies that an in forma pauperis appeal from this order or any judgment entered hereunder, would not be taken in good faith. The 6 Motion to Amend complaint is denied as futile. Signed by Judge James M. Moody Jr. on 11/3/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION

CHANDRA LYONS
ADC # 704518
V.

PLAINTIFF

NO: 1:16CV00145 JM

MOORE et al

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Patricia S. Harris, and the objections filed.1 After carefully
considering the objections and making a de novo review of the record in this case, 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 Chandra Lyons’ complaint is DISMISSED WITHOUT PREJUDICE. If

Lyons wishes to continue this case, she is required to submit the filing and administrative fees of
$400.00 to the Clerk of the Court, noting the above case style number, within thirty (30) days of the
case’s dismissal, along with a motion to reopen the case. Upon receipt of the motion and full
payment, this case will be reopened.
2.

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

pauperis appeal from this order or any judgment entered hereunder, would not be taken in good
faith

1

The Court has reviewed docket numbers 3-5 and 7 and deems these pleadings to be
objections to the Proposed Findings and Recommended Disposition. The motion to amend the
complaint (docket 6) is DENIED as futile.

DATED this 3rd day of November, 2016.

UNITED STATES DISTRICT JUDGE