Roberson v. Corey et al

Filing 9

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; adopting 3 Report and Recommendations in their entirety as this Court's findings in all respects; this action is DISMISSED without prejudice, pursuant to the three strikes rule se t forth in 28 USC 1915(g); Pltf may pay the statutory filing fee of $350, in full, and file a Motion to Reopen this case, within thirty days of the entry of this Order; the Court CERTIFIES, pursuant to 28 USC 1915(a)(3), that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 12/10/08. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION PRESTON ROBERSON ADC #97703 V. COREY, Officer, Hope Police Department, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. 2. Plaintiff's Application to Proceed In Forma Pauperis (docket entry #1) is DENIED. This § 1983 action is DISMISSED, WITHOUT PREJUDICE, pursuant to the three 4:08CV04105 SWW/JTR DEFENDANTS PLAINTIFF

strikes rule set forth in 28 U.S.C. § 1915(g). 3. If Plaintiff wishes to continue with this case, he must, within thirty days of the entry

of this Order: (a) pay the statutory filing fee of $350, in full, noting the above case style and number; and (b) file 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 10th day of December, 2008. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE