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)

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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

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