Banks v. Roberts et al

Filing 5

ORDER ADOPTING 3 Report and Recommendations; therefore, pltf's 1 Motion for Leave to Proceed in forma pauperis is DENIED; the complaint 2 is DISMISSED without prejudice pursuant to the three strikes rule; if pltf wishes to continue this case, he must submit the $400 fee within 30 days of the entry of this Order. Signed by Judge Susan Webber Wright on 7/2/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
FREDERICK BANKS, REG #05711-068
Plaintiff,
v.
W. ROBERTS, Correctional Officer,
FCI-Forrest City; et al.,
Defendants.

*
*
*
*
*
*
*
*
*

No. 2:13CV00070-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. 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.

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

(Doc. No. 1) is DENIED.
2.

The 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 continue this case, he must submit within thirty (30) days

of the entry 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 and the accompanying Judgment would not be taken in good
faith.
DATED this 2nd day of July 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2