Robinson v. Thomas et al

Filing 9

ORDER adopting 4 the proposed findings and recommendation; denying 7 Robinson's motion for leave to proceed in forma pauperis; dismissing without prejudice 2 Robinson's complaint; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 1/24/2017. (kdr)

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

CHRISTOPHER ROBINSON
ADC #164517
v.

PLAINTIFF

CASE NO: 5:16-CV-00301 BSM

LIEUTENANT D. THOMAS
and SERGEANT TAYLOR

DEFENDANTS

ORDER

The proposed findings and recommendation [Doc. No. 4] submitted by United States
Magistrate Judge Patricia S. Harris has been received, and it is adopted in its entirety.
After submitting an incomplete in forma pauperis application, plaintiff Christopher
Robinson, on September 28, 2016, was given 30 days to either pay his filing fee or file a fully
completed and signed in forma pauperis application. See Doc. No. 3. On November 28,
2016, 60 days later, dismissal was recommended for failure to prosecute. See Doc. No. 4.
Robinson filed a second in forma pauperis application [Doc. No. 7] on December 7, 2016.
Robinson’s second application has not cured his deficiency. Instead, it contains
inaccurate information regarding his prisoner account activity, as demonstrated by
Robinson’s notice of filing of account balance sheet [Doc. No. 5], and it contains Robinson’s
own signature instead of that of an authorized official.
Accordingly, the proposed findings and recommendation [Doc. No. 4] is adopted,
Robinson’s motion for leave to proceed in forma pauperis [Doc. No. 7] is denied, and

Robinson’s complaint is dismissed without prejudice. It is further certified that an in forma
pauperis appeal would not be taken in good faith.
IT IS SO ORDERED this 24th day of January 2017.

UNITED STATES DISTRICT JUDGE