Barnes v. Hobbs et al

Filing 5

ORDER ADOPTING 3 the proposed findings and recommended disposition; denying 1 Plaintiff's application to proceed without prepayment of fees and affidavit; directing plaintiff to submit the statutory filing fee of $350.00 to the Clerk, n oting the above case style and number within 10 days of the date on this Order, together with a motion to reopen case, should he wish to continue this case; and dismissing 2 plaintiff's complaint without prejudice. Signed by Chief Judge Brian S. Miller on 12/13/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
GUY CLAYTON BARNES
ADC #93209
v.

PLAINTIFF

Case No. 5:12CV00442 BSM

RAY HOBBS, Director, Arkansas
Department of Correction et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe and plaintiff’s objections have been reviewed. After carefully
considering the objections and making a de novo review of the record, it is concluded that
the proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety 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.

Should plaintiff wish to continue this case, he must 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.
3.

Plaintiff’s complaint is dismissed without prejudice.

1

An appropriate judgment shall accompany this order
DATED this 13th day of December 2012.

_______________________________
UNITED STATES DISTRICT JUDGE

2