Peace v. Sanders et al

Filing 13

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge H. David Young in their entirety as this Court's findings in all respects. PLaintiff's complaint is DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee, fail ure to comply with Local Rule 5.5(c)(2), & failure to respond to the Court's Order. The following Motions are DENIED: MOTION to Appoint Counsel, MOTION to Certify Class, 3 MOTION to Amend Complaint, MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order. The Court certifies that an in forma pauperis appeal taken from the Order & Judgment dismissing this action is considered frivolous & not in good faith. Signed by Judge James M. Moody on 10/1/10. (jct)

Peace v. Sanders et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION BERNARD C. PEACE, III V. JAMES SANDERS et al. ORDE R 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. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE for failure to pay the NO: 3:10CV00114 JMM DEFENDANTS PLAINTIFF

filing fee, failure to comply with Local Rule 5.5(c)(2), and failure to respond to the Court's order. 2. 3. All pending motions are DENIED. The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. DATED this 1st day of October, 2010.

UNITED STATES DISTRICT JUDGE

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