Cook v. Bland et al

Filing 7

ORDER rejecting 4 the recommended disposition. Since the plaintiff has now filed 6 a motion for leave to proceed in forma pauperis, he has now complied -albeit late- with 3 the April 13, 20015, Order. This matter is therefore remanded to Judge Caveneau for further consideration. Signed by Chief Judge Brian S. Miller on 8/28/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DON COOK
ADC #135485
v.

PLAINTIFF

CASE NO. 5:15CV00068 BSM

ESTELLA BLAND, et al.

DEFENDANTS
ORDER

The recommended disposition submitted by United States Magistrate Judge Jerry W.
Cavaneau has been received. No objection have been filed, but plaintiff has moved for leave
to proceed in forma pauperis [Doc. No. 6]. After careful consideration, it is concluded that
the recommended disposition should be, and hereby is, rejected.
Dismissal of plaintiff’s complaint is recommended because he failed to comply with
an April 13, 2015, order directing him to either pay the full $400 statutory filing fee or file
an application for leave to proceed in forma pauperis. See Doc. No. 3. Since plaintiff has
now filed a motion for leave to proceed in forma pauperis [Doc. No. 6], he has
complied—albeit late—with the April 13, 2015, order. This matter is therefore remanded
to Judge Caveneau for further consideration.
IT IS SO ORDERED this 28th day of August 2015.

UNITED STATES DISTRICT JUDGE