Sherman v. Hobbs et al

Filing 5

ORDER adopting 3 Report and Recommendations. Mr. Sherman's 1 Motion for Leave to Proceed in forma pauperis is denied. Mr. Sherman's 2 Complaint is dismissed, without prejudice, pursuant to the three strikes rule. Mr. Sherman is adv ised that if he wishes to continue this action, he must within thirty days submit the statutory filing fee of $400 in full or file a motion to reopen the case. The Clerk certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 9/10/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PATRICK L. SHERMAN
ADC #96304
V.

PLAINTIFF

NO. 5:14cv00249-SWW-JTR

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

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray and the filed objections.
After carefully considering these documents and making a de novo review of the
relevant record in this case, see 28 U.S.C. § 636(b)(1)(C), 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.
Judgment will be entered accordingly.
IT IS THEREFORE ORDERED THAT:
1.

Mr. Sherman’s Motion for Leave to Proceed In Forma Pauperis, Doc.

1, is DENIED.
2.

Mr. Sherman’s Complaint, Doc. 2, is DISMISSED, without prejudice,

pursuant to the three strikes rule set forth in 28 U.S.C. § 1915(g).

3.

Mr. Sherman is advised that, if he wishes to continue this action, he must,

within thirty (30) days of the entry of this Order: (a) submit the statutory filing fee of
$400 in full, to the Clerk, noting the case style and number; and (b) file a motion to
reopen the case.
4.

The Clerk certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this Order and the accompanying Judgment would not be taken
in good faith.
DATED this 10th day of September 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE