Hill v. Hobbs et al

Filing 16

ORDER approving and adopting 3 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; granting 4 motion for extension of time; dismissing this case without prejudice; and denying all pending motions as moot. If Mr. Hill wants to continue this case, he must submit the statutory filing fee of $400 to the Clerk of the Court within 30 days of the date of this Order, together with a motion to reopen the case. The Court additionally certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 01/07/2015. (rhm) (Additional attachment(s) added on 1/7/2016: # 1 Main Document - Correct) (jak).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JESSIE HILL
ADC #104136
v.

PLAINTIFF
Case No. 5:15-cv-00154-KGB-JWC

RAY HOBBS, et al.

DEFENDANT
ORDER

The Court has received Proposed Findings and Recommendations from United States
Magistrate Judge Jerry Cavaneau (Dkt. No. 3). Plaintiff Jessie Hill filed a motion to extend time
to file his objections to the Proposed Findings and Recommendations (Dkt. No. 4). This Court
grants Mr. Hill’s motion for extension of time (Dkt. No. 4) and considers as timely filed his
objections to the Proposed Findings and Recommendations (Dkt. No. 5). After careful review of
the Proposed Findings and Recommendations, the objections, and a de novo review of the
record, the Court concludes that the Proposed Findings and Recommendations should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects.
Accordingly, this Court denies Mr. Hill’s motion to proceed in forma pauperis (Dkt. No.
1), and this case is dismissed without prejudice.
This Court also denies as moot all other pending motions, including but not limited to
Mr. Hill’s motion for injunctive relief (Dkt. No. 6). The Court has carefully considered the
allegations made by Mr. Hill in that motion and in all of his other filings in this case. The Court
determines that his allegations do not, and did not when filed, sufficiently allege the kind of
“imminent danger of serious physical injury” that falls within the exception to 28 U.S.C. §
1915(g) and that would permit Mr. Hill to proceed with his case without the payment of filing
fees. Mr. Hill is not entitled to in forma pauperis status here.

If Mr. Hill wants to continue this case, he must submit the statutory filing fee of $400.00
to the Clerk of the Court, noting the above case style and number, within 30 days of the date of
this Order, together with a motion to reopen the case. Upon receipt of the motion and full
payment, the case will be reopened.
The Court additionally certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from this Order would not be taken in good faith.
SO ORDERED this 7th day of January, 2016.

____________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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