Burris v. Clements et al

Filing 7

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS in its entirety. Plaintiff's 1 Motion for Leave to Proceed in forma pauperis in DENIED and the Complaint is DISMISSED as the claims asserted are frivolous, fail to state claims upon which relief may be granted, or are not cognizable. Further, the Clerk is directed to collect the $350 filing fee pursuant to the terms of the PLRA. Signed by Honorable Robert T. Dawson on November 28, 2011. (mfr)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
CHRIS BURRIS

PLAINTIFF

v.

No. 11-1051

TONYA CLEMENTS, Store Clerk,
Tobacco Superstore; DETECTIVE
TODD SURBER, El Dorado Police
Department and LIEUTENANT NICHOLAS,
El Dorado Police Department

DEFENDANTS

ORDER
Now on this 28th day of November 2011, there comes on for
consideration the report and recommendation filed herein on
November 2, 2011, by the Honorable Barry A. Bryant, United
States Magistrate Judge for the Western District of Arkansas.
(Doc. 6).

No objections were filed.

The court has reviewed this case and, being well and
sufficiently

advised,

finds

as

follows:

The

report

and

recommendation is proper and should be and hereby is adopted in
its entirety.

Accordingly, Plaintiff’s motion for leave to

proceed IFP (doc. 1) is DENIED and the Complaint is DISMISSED as
the claims asserted are frivolous, fail to state claims upon
which relief may be granted, or are not cognizable.
U.S.C. § 1915(e)(2)(B)(i-ii).

See 28

Further, the U.S. District Clerk

is directed to collect the $350 filing fee pursuant to the terms
of the Prison Litigation Reform Act.

AO72A
(Rev. 8/82)

See e.g., In re Tyler, 110

F.3d 528, 529-30 (8th

Cir. 1997)(Under

PLRA,

prisoners are

responsible for filing fees from the moment the civil action is
filed).
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)