Jones v. Kelley

Filing 16

ORDER ADOPTING 11 Proposed Findings and Recommendations. Plaintiff's 1 Complaint is dismissed for failure to pay the filing fee. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/15/2016. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES EDWARD JONES, SR. ADC #144544 v. PLAINTIFF 5:16-cv-00278-JM WENDY KELLEY, Director, Arkansas Department of Correction DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Complaint (Doc. No. 1) is DISMISSED for failure to pay the filing fee.1 2. The Court 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. DATED this 15th day of November, 2016. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Plaintiff states that he has requested the prison prepare a check in the amount of $400 to pay the filing fee. If Plaintiff provides the Court with the correct filing fee, he can either re-file this action or request that this case be re-opened. 1

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