Henderson v. Lay et al
ORDER approving and adopting 4 Recommended Disposition in its entirety as this Court's findings in all respects; denying Mr. Henderson's 1 motion to proceed in forma pauperis; granting 5 motion to extend time; and certifying that an i n forma pauperis appeal from an Order and Judgment dismissing this case would not be taken in good faith. Mr. Henderson has 30 days to reopen this case by paying the $400 filing fee in full and filing a motion to reopen. Signed by Judge Kristine G. Baker on 01/06/2016. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 2:15-cv-00122-KGB-JTR
GAYLAND LAY, Warden, ADC, et al.
The Court has received a Recommended Disposition from United States Magistrate
Judge Tom Ray (Dkt. No. 4). Plaintiff Harold Henderson filed a motion to extend time to file
objections (Dkt. No. 5) and then filed his objections to the Recommended Disposition on
September 30, 2015 (Dkt. No 6). The Court grants Mr. Henderson’s motion for extension of
time (Dkt. No. 5) and considers his objections timely filed.
After careful review of
Recommended Disposition, the timely objections, and a de novo review of the record, the Court
concludes that the Recommended Disposition should be, and hereby is, approved and adopted in
its entirety as this Court’s findings in all respects.
Accordingly, Mr. Henderson’s motion to proceed in forma pauperis is denied (Dkt. No.
1), and this case is dismissed without prejudice. Mr. Henderson has 30 days to reopen this case
by paying the $400 filing fee in full and filing a motion to reopen.
The Court certifies that an in forma pauperis appeal from an Order and Judgment
dismissing this case would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3).
SO ORDERED this 6th day of January, 2015.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
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