Hernandez v. Kittrell et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 denying 1 Motion for Leave to Proceed in forma pauperis and dismissing the complaint without prejudice. Signed by Judge D. P. Marshall Jr. on 7/8/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALBERT HERNANDEZ ADC# 65214 v. PLAINTIFF Case No. 5:11-cv-139-DPM ALBERT KITTRELL, BERNARD, KUPERMAN, RICHARD MOORE, and FRANCIS LIGHTSEY DEFENDANTS ORDER The Court has considered Magistrate Judge Jerome T. Kearney's Proposed Findings and Recommendations, Document No.3. Hernandez has not objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts the proposal as its own. Hernandez's motion for leave to proceed in forma pauperis, Document No.1, is denied and his complaint is dismissed without prejudice. 28 U.S.C. 1915(g). So Ordered. D.P. Marshall Jr. 1/ United States District Judge -2­

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