Barnes v. Burls et al

Filing 5

ORDER ADOPTING 3 Report and Recommendations of Magistrate Judge, denying 1 Motion for Leave to Proceed in forma pauperis. Should plaintiff wish to continue this case, he must submit the statutory filing fee of $400 to the Clerk within 10 days of the date of this Order, together with a motion to reopen the case. Plaintiff's complaint is dismissed without prejudice. Signed by Judge J. Leon Holmes on 6/10/2013. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION GUY CLAYTON BARNES, ADC #93209 v. PLAINTIFF No. 2:13CV00057 JLH-JTK DANNY BURLS, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s motion to proceed in forma pauperis is DENIED. Document #1. 2. Should plaintiff wish to continue this case, he must submit the statutory filing fee of $400.001 to the Clerk, noting the above case style and number within ten (10) days of the date of this Order, together with a motion to reopen the case. Upon receipt of the motion and full payment, the case will be reopened. 3. Plaintiff’s complaint is DISMISSED without prejudice. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 10th day of June, 2013. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1 Effective May 1, 2013, the cost for filing a new civil case increased to $400.00, due to the implementation of a new $50.00 administrative fee.

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