Collins et al v. Norris

Filing 8

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS in their entirety as this Court's findings in all respects; Granting 5 Motion to Dismiss Party; Brandon Lacy's claims are Dismissed without prejudice; and Lacy's name is removed as a part y Plaintiff; Plaintiff Collins' complaint is Dismissed without prejudice for failure to pay the $350.00 filing fee, failure to comply with Local Rule 5.5(c)(2), and failure to respond to the Court's order; the Court certified that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 12/23/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KINGRALE COLLINS ADC #SK945 BRANDON LACY ADC #SK973 V. LARRY NORRIS ORDE R NO: 5:09CV00340 JMM

PLAINTIFFS

DEFENDANT

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. Plaintiff Brandon Lacy's motion to be dismissed as a party (docket entry #5) is

GRANTED, Lacy's claims are DISMISSED WITHOUT PREJUDICE, and Lacy's name is removed as a party Plaintiff. 2. Plaintiff Kingrale Collins's complaint is DISMISSED WITHOUT PREJUDICE for

failure to pay the $350.00 filing fee, failure to comply with Local Rule 5.5(c)(2), and failure to respond to the Court's order. 3. The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. DATED this 23rd day of December, 2009. UNITED STATES DISTRICT JUDGE