Cunningham v. Ryals et al

Filing 8

ORDER approving and adopting the 4 Proposed Findings and Recommendations in all respects; dismissing this action without prejudice; denying as moot all pending motions; and certifying pursuant to 28 U.S.C. § 1915(a)93), than an in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/31/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MATTHEW CUNNINGHAM
ADC #164672
v.

PLAINTIFF

Case No. 4:17-cv-00411-KGB/JTK

TIM RYALS, et al.

DEFENDANTS
ORDER

On June 29, 2017, United States Magistrate Judge Jerome T. Kearney denied without
prejudice plaintiff Matthew Cunningham’s motion for leave to proceed in forma pauperis because
Mr. Cunningham “did not sign the in forma pauperis Motion, and the filing fee calculation sheet
was not completed/signed by an authorized official of the Jail” (Dkt. No. 3, at 1). Judge Kearney
directed Mr. Cunningham to “submit either the $400 statutory filing fee or a completed in forma
pauperis application, with the required calculation sheet signed by an authorized official of the
prison, within thirty (30) days” (Id., at 2). Judge Kearney informed Mr. Cunningham that Local
Rule 5.5 provides that “[i]f any communication from the Court to a pro se plaintiff is not responded
to within thirty (30) days, the case may be dismissed without prejudice” (Id.).
The Court has received Proposed Findings and Recommendations submitted by Judge
Kearney (Dkt. No. 4). Judge Kearney recommends that the Court dismiss without prejudice Mr.
Cunningham’s complaint pursuant to Local Rule 5.5 (Id., at 3). The parties have not filed
objections to the Proposed Findings and Recommendations. Mr. Cunningham has filed a renewed
motion for leave to proceed in forma pauperis, but his motion is deficient as the filing fee
calculation sheet was not completed and signed by an authorized official of the Jail (Dkt. No. 7, at
3-4).

After careful review of the Proposed Findings and Recommendations, the Court concludes
that the Proposed Findings and Recommendations should be, and hereby are, approved and
adopted as this Court’s findings in all respects (Dkt. No. 4). This action is dismissed without
prejudice. 1 All pending motions are denied as moot. It is certified, pursuant to 28 U.S.C. §
1915(a)(3), that an in forma pauperis appeal would not be taken in good faith.
So ordered this the 31st day of August, 2017.
_________________________________
Kristine G. Baker
United States District Court Judge

1

The Court notes that, based on a dismissal without prejudice, Mr. Cunningham may refile
this action, but he will be required upon refiling either to submit prepayment of the $400.00 filing
fee and costs or to submit a properly completed in forma pauperis motion which is then granted
by the Court before being permitted to proceed with this action.
2