Nichols v. Arkansas, State of et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 and denying 1 MOTION for Leave to Proceed in forma pauperis. The case will be dismissed without prejudice unless plaintiff pays the $350 filing fee by May 27, 2013. Signed by Judge D. P. Marshall Jr. on 5/3/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNY LEE NICHOLS
ADC#115100

v.

PLAINTIFF

No. 5:13-cv-109-DPM-JJV

STATE OF ARKANSAS;
MIKE BEEBE, Governor; and
RAY HOBBS, Director, ADC

DEFENDANTS
ORDER

Nichols objects to Magistrate Judge John J. Volpe's Proposed Findings
and Recommendations. NQ 3 & 4. On de novo review, the Court adopts the
proposal with clarifications. FED. R. CIV. P. 72(b)(3). Nichols is a three-striker.
His objections do not show that he is in imminent danger of physical injury.
He therefore cannot proceed in forma pauperis. 28 U.S.C. § 1915(g). His
motion, NQ 1, is denied. The Court will enter Judgment dismissing his
complaint without prejudice unless he pays the $350.00 filing fee by 27 May
2013.
So Ordered.

D.P. Marshall«.
United States District Judge