Adkins v. Kelly et al

Filing 9

ORDER Adopting 7 Recommended Disposition. The Court dismisses Mr. Adkins's claims based on his failure to state a federal claim for relief. The Court denies as moot all other pending motions 5 . To the extent Mr. Adkins requests a refund of his filing fee, the Court denies that request. Signed by Judge Kristine G. Baker on 8/25/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KEVIN RAY ADKINS
ADC #113581
v.

PLAINTIFF
Case No. 5:16-cv-00372-KGB-BD

WENDY KELLY, et al.

DEFENDANTS
ORDER

The Court has received and reviewed the Recommended Disposition submitted by United
States Magistrate Judge Beth Deere (Dkt. No. 7). Plaintiff Kevin Ray Adkins has filed a response
to the Recommended Disposition, but he does not object (Dkt. No. 8). After careful consideration
of the Recommended Disposition and Mr. Adkins’s response, the Court concludes that the
Recommended Disposition should be, and hereby is, approved and adopted as this Court’s findings
in all respects.
The Court dismisses Mr. Adkins’s claims based on his failure to state a federal claim for
relief. The Court denies as moot all other pending motions (Dkt. No. 5). Even though Mr.
Adkins’s case is hereby dismissed, Mr. Adkins will still be assessed the full filing fee because the
Prison Litigation Reform Act makes prisoners responsible for their filing fees the moment the
prisoner brings a civil action or files an appeal. See In re Tyler, 110 F.3d 528, 529-30 (8th Cir.
1997). Thus, to the extent Mr. Adkins requests a refund of his filing fee, the Court denies that
request.
So ordered this 25th day of August, 2017.

_______________________________
Kristine G. Baker
United States District Judge