Ellis v. Simmons

Filing 31

ORDER adopting 27 the proposed findings and recommendations; granting 20 Defendants' Motion to Vacate 4 the Order granting Plaintiff's in forma pauperis status; revoking 4 the 1/4/2016, Order; dismissing, without prejudice, 2 Plaintiff's Complaint; and directing Plaintiff to submit the statutory filing fee of $400 to the Clerk of Court, if he wants to continue this case, along with a motion to reopen. Signed by Judge Billy Roy Wilson on 3/11/2016. (kdr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TYRONE ELLIS, ADC #149250 VS. PLAINTIFF 5:15CV00390-BRW-JTK ARIC SIMMONS DEFENDANT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After reviewing them and Plaintiff’s objections, as well as a de novo review of the record, I adopt the proposed findings and recommendations. Accordingly, Defendants’ Motion to Vacate the Order granting Plaintiff’s in forma pauperis status1 (Doc. No. 20) is GRANTED. The January 4, 2016 Order (Doc. No. 4) granting Plaintiff’s Motion to Proceed In Forma Pauperis is REVOKED. Plaintiff’s Complaint is DISMISSED without prejudice. If Plaintiff wants to continue this case, he must submit the statutory filing fee of $400 to the Clerk of the Court, noting the above case style and number, within fouteen (14) days of the date of this Order, along with a motion to reopen the case. After receipt of the motion and full payment, the case will be reopened. Any money deducted from Plaintiff’s inmate account based on the January 4, 2016 Order, should be refunded to Plaintiff’s account. IT IS SO ORDERED this11th day of March, 2016. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 The three strikes are from Ellis v. Chandler, No. 1:11CV01006 (W.D. Ark.); Ellis v. Chandler, No. 1:10CV01080 (W.D. Ark.); and Ellis v. McDaniel, No. 5:15CV00236 (E.D. Ark.). 1

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