Philpott v. Sebastian County Detention Center

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS; denying 2 Application to Proceed IFP (42:1983) filed by Robert S. Philpott. See Order for specifics. Signed by Honorable P. K. Holmes, III on December 7, 2016. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT S. PHILPOTT v. PLAINTIFF No. 2:16-CV-02222 SEBASTIAN COUNTY DETENTION CENTER DEFENDANT ORDER The Court has received a report and recommendations (Doc. 4) from United States Magistrate Judge James R. Marschewski. No objections have been filed and the time for objections has passed. The complaint makes no allegations of imminent danger of serious physical injury, and the Magistrate found that Plaintiff is prohibited by 28 U.S.C. § 1915(g) from filing a civil action in forma pauperis. The Magistrate recommends denial of in forma pauperis status, and dismissal without prejudice if Plaintiff fails to pay the filing fee within 30 days. After careful review, the Court concludes that the Magistrate’s report and recommendations (Doc. 4) contains no clear error, and that it should be, and hereby is, ADOPTED IN ITS ENTIRETY. IT IS THEREFORE ORDERED that Plaintiff’s application to proceed in forma pauperis (Doc. 2) is DENIED, and Plaintiff is directed to pay the filing fee of $400.00 by January 6, 2017. If Plaintiff fails to comply by that deadline, his case will be dismissed with prejudice for failure to obey a Court order. IT IS SO ORDERED this 7th day of December, 2016. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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