Nichols v. Sanders et al

Filing 19

ORDER adopting in their entirety 15 proposed findings and recommendations; denying 14 Motion to Proceed in Forma Pauperis; denying 13 second Motion for rehearing; and dismissing Plaintiff's 3 Complaint without prejudice. Should Plaintif f wish to continue this case, he must submit the statutory filing fee of $400 to the Clerk, within 10 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. Signed by Judge J. Leon Holmes on 10/28/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

BILLY MACK NICHOLS, JR.,
ADC #92713
v.

PLAINTIFF

No. 5:15CV00260-JLH-JTK

CHARLOTTE SANDERS, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and
recommendations, and the timely objections received thereto, as well as a de novo review of the
record, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff Nichols’ Motion to Proceed In Forma Pauperis be DENIED. Document

2.

Plaintiff’s second Motion for Rehearing be DENIED. Document #13.

3.

Should Plaintiff wish to continue this case, he be required to submit the statutory

#14.

filing fee of $400.00 to the Clerk, noting the above case style and number within ten (10) 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.
4.

Plaintiff’s Complaint be DISMISSED without prejudice.

An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 28th day of October, 2015.

________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE