Stinnett et al v. Busby et al
ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge H. David Young in their entirety as this Court's findings in all respects. Plaintiffs' complaint is DISMISSED WITHOUT PREJUDICE, & all pending motions are DENIED. Plai ntiff Herbert Holmes' claims are DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2) & failure to respond to the Court's Order. Plaintiff Melvin Stinnett's claims are DISMISSED WI THOUT PREJUDICE pursuant to the three-strikes provision of the Prison Litigation Reform Act. Should Stinnett wish to continue this case, he must submit the $350 statutory filing fee w/i 30 days of the entry date of this Order, along with a motion to reopen the case. 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 Susan Webber Wright on 1/31/2011. (jct)
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