France v. Arkansas Department of Correction et al

Filing 102

ORDER ADOPTING REPORT AND RECOMMENDATIONS 98 granting 84 Motion to Dismiss to the extent that pltf's ifp status is revoked, and his case is dismissed without prejudice, subject to being reopened upon his payment of the full $350 filing fee and filing of a motion to reopen, within 30 days of this order and judgment dismissing this action. Signed by Judge James M. Moody on 1/9/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION TRAVIS FRANCE V. PLAINTIFF NO: 2:11CV00018 JMM ARKANSAS DEPARTMENT OF CORRECTION et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. Defendants’ motion to dismiss (docket entry #84) is granted to the extent that Plaintiff’s in forma pauperis status is revoked, and his case is dismissed without prejudice, subject to being reopened upon Plaintiff’s payment of the full $350.00 filing fee and filing of a motion to reopen, within 30 days of this order and the judgment dismissing this action. 2. The Court 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. DATED this 9th day of January, 2012. UNITED STATES DISTRICT JUDGE

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