Alumbaugh v. Collins

Filing 4

ORDER ADOPTING 3 the recommended disposition; and dismissing, without prejudice, 1 plaintiff Jason Alumbaugh's complaint for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2), and 2 failure to respond as ordered. An in forma pauperis appeal taken from the order and judgment dismissing this action will be considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 1/13/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JASON ALUMBAUGH,
ADC #552277
v.

PLAINTIFF

CASE NO. 4:16CV00837 BSM

T. COLLINS

DEFENDANT
ORDER

The recommended disposition (“RD”) submitted by United States Magistrate Judge
Patricia S. Harris [Doc. No. 3] has been reviewed. No objections have been filed. After
reviewing the record, the RD is adopted.
Accordingly, plaintiff Jason Alumbaugh’s complaint [Doc. No. 1] is dismissed
without prejudice for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2),
and failure to respond as ordered [Doc. No. 2]. Finally, any in forma pauperis appeal taken
from the order and judgment dismissing this action will be considered frivolous and not in
good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 13th day of January 2017.

UNITED STATES DISTRICT JUDGE