Perkins v. Venable et al

Filing 46

ORDER approving and adopting 45 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting the 41 motion to dismiss filed by defendants Donna Venable and Willie Bankston; dismissing wi thout prejudice plaintiff Corey Perkins's 1 complaint; and certifying that an in forma pauperis appeal is considered frivolous and not in good faith. Perkins's complaint will be reopened if he pays the Arkansas Department of Correction $171.50, and presents to the Court evidence of the payment, and files a motion to reopen, within 30 days. Signed by Judge J. Leon Holmes on 5/9/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
COREY PERKINS
V.

PLAINTIFF
NO: 5:14CV00329 JLH

DONNA VENABLE et al

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Patricia S. Harris. 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:
1.

The motion to dismiss filed by defendants Donna Venable and Willie Bankston (Doc.

No. 41) is GRANTED and plaintiff Corey Perkins’s complaint is DISMISSED WITHOUT
PREJUDICE.
2.

Perkins’s complaint will be reopened if he pays the Arkansas Department of

Correction $171.50, and presents to the Court evidence of the payment, and a files a motion to
reopen, within 30 days.
3.

The Court certifies that an in forma pauperis appeal is considered frivolous and not

in good faith.
DATED this 9th day of May, 2016.

UNITED STATES DISTRICT JUDGE