Baxter v. Miller et al
Filing
4
ORDER adopting 3 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing 1 complaint without prejudice for failure to prosecute; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 1/17/2023. (jbh)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JASON LEVI BAXTER
v.
PLAINTIFF
Case No. 4:21-cv-00928-KGB
MILLER, Sheriff, White County
Detention Center, et al.
DEFENDANTS
ORDER
When plaintiff Jason Levi Baxter filed this lawsuit, he was incarcerated at the White
County Detention Facility (Dkt. No. 1).
The Court informed Mr. Baxter that he had to complete
timely an in forma pauperis application or pay the $402.00 filing fee (Dkt. No. 2).
The Court
notified Mr. Baxter that failure to do so within 30 days of the entry of that Order could result in
dismissal of this case without prejudice for failure to prosecute (Id.).
See Local Rule 5.5 of the
United States District Court for the Eastern and Western Districts of Arkansas.
As of the date of
this Order, Mr. Baxter has not complied with or otherwise responded to the Court’s prior Order.
United States Magistrate Judge Joe J. Volpe submitted Proposed Findings and
Recommendations recommending that this Court dismiss without prejudice Mr. Baxter’s
complaint for failure to comply with the Court’s prior Order (Dkt. No. 3).
No objections have
been filed to the Proposed Findings and Recommendations, and the time for filing objections has
passed.
The Court adopts the Proposed Findings and Recommendations in their entirety as this
Court’s findings in all respects (Id.).
Accordingly, Mr. Baxter’s complaint is dismissed without prejudice for failure to prosecute
(Dkt. No. 1).
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal would not be taken in good faith.
It is so ordered this 17th day of January, 2023.
________________________________
Kristine G. Baker
United States District Judge
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