Miles v. Seale et al

Filing 6

ORDER REJECTING REPORT AND RECOMMENDATIONS 4 ; clerk directed to mail new ifp application and plaintiff should return by 5/3/11 or pay $350.00 filing fee. Signed by Honorable Robert T. Dawson on April 5, 2011. (ifp application mailed)(cnn)

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Miles v. Seale et al Doc. 6 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION QUADRO KENYATTA MILES v. DR. SEALE, et al. ORDER Now on this 5th day of April 2011, there comes on for consideration the report and recommendation filed on March 7, 2011, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas (doc. 4). Also before the Case No. 10-1077 DEFENDANTS PLAINTIFF Court are Plaintiff's objections to the report and recommendation (doc. 5). The court has reviewed this case de novo. The report and recommendation recommends dismissal of Plaintiff's Complaint for failure to prosecute and obey an order of the Court, specifically, failure to timely return his application to proceed in forma pauperis or to pay the filing fee. In his objections, Plaintiff contends he just became aware his IFP application was incomplete and requests the Court to provide him with another application. Accordingly, the Court declines to adopt the report and recommendation. The U.S. District Clerk is directed to send Plaintiff a blank IFP application, and Plaintiff has until May 3, 2011, to return the AO72A (Rev. 8/82) application or pay the $350.00 filing fee. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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