Henderson v. Brewer et al

Filing 16

ORDER adopting 9 Report and Recommendations in their entirety; therefore, pltf's 1 Motion to Proceed ifp is DENIED, and the complaint is DISMISSED WITHOUT PREJUDICE; if pltf wishes to continue this case, he shall, within 10 days of the date of this Order, submit the $350 filing fee, along with a motion to reopen the case; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 8/9/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
HAROLD HENDERSON,
ADC #85533
v.

PLAINTIFF

No. 5:11CV00078 JLH-JJV

DAVID BREWER, Correction
Board Chairman, Arkansas Department
of Correction; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully considering
the objections and making a de novo review of the record, 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’s Application to Proceed Without Prepayment of Fees and Affidavit (Doc.

No. 1) is DENIED.
2.

Plaintiff’s Complaint is DISMISSED without prejudice.

3,

Should Plaintiff wish to continue this case, he is required to 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.
DATED this 9th day of August, 2011.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE