Fitzgerald v. McHan et al

Filing 7

ORDER ADOPTING 3 Report and Recommendations in their entirety; therefore, pltf's 1 MOTION for Leave to Proceed in forma pauperis is DENIED, and his complaint is DISMISSED WITHOUT PREJUDICE; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 3/5/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION NATHANIEL FITZGERALD, ADC #84210 v. PLAINTIFF No. 4:12CV00080 JLH-JTK TONY McHAN, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff Fitzgerald’s Motion to Proceed In Forma Pauperis (Doc. No. 1) is DENIED. 2. Should Plaintiff wish to continue this case, he must submit the statutory filing fee of $350.00 to the Clerk, noting the above case style and number within ten (10) days of the date of this Order, together with a motion to reopen the case. Upon receipt of the motion and full payment, the case will be reopened. 3. Plaintiff’s Complaint is DISMISSED without prejudice. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 5th day of March, 2012. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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