Briley v. Murray et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 and dismissing the 1 Complaint filed by Eddie Briley without prejudice. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 8/20/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EDDIE BRILEY
ADC #116921
v.

PLAINTIFF

Case No. 5:13CV00168 KGB

ERNESTINE MURRAY et al.

DEFENDANTS
ORDER

On July 24, 2013, United States Magistrate Judge H. David Young submitted his
Proposed Findings and Recommended Disposition (Dkt. No. 3). On July 24, 2013, the Proposed
Findings and Recommended Disposition were mailed to Eddie Briley at his address of record.
On July 31, 2013, the mail was returned as undeliverable; Mr. Briley had been released on parole
(Dkt. No. 4). To date, Mr. Briley has not responded to the Court’s June 6, 2013, order directing
him to pay the $400.00 filing and administrative fees or to file a fully completed application for
leave to proceed in forma pauperis (Dkt. No. 2). Because Mr. Briley failed to comply with the
Court’s order and failed to provide the Court with his current address, the Court is now prepared
to rule on the Proposed Findings and Recommended Disposition.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young. After careful consideration, 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 complaint is dismissed without prejudice for failure to pay the filing and
administrative fees, failure to comply with Local Rule 5.5(c)(2), and failure to respond to
the Court’s order.
2. The Court certifies that an in forma pauperis appeal taken from the order and judgment
dismissing this action is considered frivolous and not in good faith.
IT IS SO ORDERED this 20th day of August, 2013.

__________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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