Winston v. Jackson et al

Filing 34

ORDER adopting 29 proposed findings and recommendations in their entirety in all respects; granting Defendants' 16 Motion for Relief to Revoke Plaintiff's in forma pauperis status; vacating this Court's 4 10/13/2015 Order grantin g Plaintiff's Motion to Proceed in forma pauperis; dismissing Plaintiff's 2 Complaint without prejudice; and denying all pending motions as moot. If Plaintiff wishes to continue this case, he must submit the $400 filing fee to the C lerk, along with a motion to reopen the case within 10 days of today. Any money deducted from Plaintiff's inmate account pursuant to the 10/13/2015 Order should be refunded to Plaintiff's account. Signed by Judge Billy Roy Wilson on 12/11/2015. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES A. WINSTON, ADC #84733 VS. PLAINTIFF 5:15-CV-00307-BRW-JTK LUCRETIA R. JACKSON, et al. DEFENDANTS ORDER I have received the proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections and the time for doing so has passed. After a review of those proposed findings and recommendations, I adopt them in their entirety as my findings in all respects. Accordingly, Defendants’ Motion for Relief to Revoke Plaintiff’s in forma pauperis status (Doc. No. 16) is GRANTED. This Court’s October 13, 2015 Order granting Plaintiff’s Motion to Proceed in forma pauperis (Doc. No. 4) is vacated and Plaintiff’s in forma pauperis status is REVOKED. Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice, and all pending motions are MOOT. If Plaintiff wishes to continue this case, he must submit the $400 filing fee to the Clerk, along with a motion to reopen the case noting the above style and number, within 10 days of today. Upon receipt of the motion and full payment, the case will be reopened. Any money deducted from Plaintiff’s inmate account pursuant to the October 13, 2015 Order, should be refunded to Plaintiff’s account. IT IS SO ORDERED this 11th day of December, 2015. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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