Lewis v. Burl et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 ; denying 1 Motion for Leave to Proceed in forma pauperis filed by David Lee Lewis; and dismissing plaintiff's complaint without prejudice. Signed by Judge James M. Moody on 10/13/10. (bkp)

Lewis v. Burl et al

Doc. 6

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION DAVID LEE LEWIS ADC #83252 V. DANNY BURL et al. DEFENDANT S ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. 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's motion for leave to proceed in forma pauperis (docket entry #1) is NO: 2:10CV00138 JMM PLAINTIFF

DENIED, and his complaint is DISMISSED WITHOUT PREJUDICE. Should Plaintiff wish to continue this case, he must submit the statutory filing fee of $350.00 to the Clerk of the Court, noting the above case style number, within thirty (30) days of the entry date of this order, along with a motion to reopen the case. Upon receipt of the motion and full payment, the case will be reopened. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order or the judgment entered hereunder, would not be taken in good faith. DATED this 13th day of October, 2010.

UNITED STATES DISTRICT JUDGE

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