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)

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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

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