Benjamin v. Kelley

Filing 7

ORDER adopting 6 the Proposed Findings and Recommended Disposition in its entirety; dismissing, without prejudice, 2 Mr. Benjamin's Petition for Habeas Corpus for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2), and failure to respond to a court order. I certify that an in forma pauperis appeal taken from this order and the judgment dismissing this action would be frivolous and not taken in good faith. Signed by Judge Billy Roy Wilson on 9/20/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL BENJAMIN
ADC #139727
VS.

PETITIONER
5:16-CV-00199-BRW

WENDY KELLY

RESPONDENT
ORDER

I have reviewed the Proposed Findings and Recommended Disposition (“Recommendation”)
submitted by United States Magistrate Judge Patricia S. Harris.1 No objections have been filed and
the time for doing so has passed.2 After careful consideration, I adopt as my findings in all respects
the Recommendation in its entirety.
Accordingly, Mr. Benjamin’s Petition for Habeas Corpus (Doc. No. 2) is DISMISSED
without prejudice for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2), and
failure to respond to a court order.
I certify that an in forma pauperis appeal taken from this order and the judgment dismissing
this action would be frivolous and not taken in good faith.
IT IS SO ORDERED this 20th day of September, 2016.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Doc. No. 6.

2

The response was due September 16, 2016.