Robinson v. Arkansas Department of Correction

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS of Magistrate Judge. Plaintiff's 4 Motion to voluntarily dismiss complaint is granted, without prejudice. The Court certifies that an in forma pauperis appeal taken from the order and judgmen t would not be taken in good faith. The Court's Order granting Mr. Robinson's motion to proceed in forma pauperis 3 is vacated. The Clerk of Court is directed to return to Mr. Robinson any funds collected towards the filing fee, and to send a copy of this Order to the Warden, EARU, the ADC Compliance Office, and the ADC Trust Fund Centralized Banking Office. Signed by Judge Kristine G. Baker on 2/10/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RODNEY TYRONE ROBINSON
ADC #145946
v.

PLAINTIFF

5:13CV00222 KGB

ARKANSAS DEPARTMENT
OF CORRECTION

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young (Dkt. No. 5). No objections have been filed.
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 Plaintiff Rodney Tyrone Robinson’s motion
to dismiss voluntarily his complaint is granted (Dkt. No. 4). Mr. Robinson’s complaint is
dismissed 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.
Mr. Robinson has filed a second motion to dismiss and requests that no further funds be
deducted from his inmate trust fund account for the filing fee in this case (Dkt. No. 6). Based on
Mr. Robinson’s assertions in his second motion to dismiss and the Court’s review of the filings
made, it appears that an individual other than Mr. Robinson filed this case in Mr. Robinson’s
name (Dkt. No. 6). For good cause shown, the Court’s Order granting Mr. Robinson’s motion
for leave to proceed in forma pauperis is vacated (Dkt. No. 3). The Clerk of the Court is directed
to return to Mr. Robinson any funds collected towards the filing fee in this case and to send a
copy of this order to: (1) the Warden of the East Arkansas Regional Unit, P.O. Box 180,

Brickeys, Arkansas 72320-0810; (2) the ADC Trust Fund Centralized Banking Office, P. O. Box
8908, Pine Bluff, Arkansas, 71611; and (3) the ADC Compliance Office, P.O. Box 20550, Pine
Bluff, Arkansas 71612-0550.
SO ORDERED this the 10th day of February, 2014.

_______________________________
Kristine G. Baker
United States District Judge