Taylor v. Midnight Express Books et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. The Plaintiff's in forma pauperis status pursuant to the prison Litigation Reform Act is hereby REVOKED, and Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE to Plaintiff's right to re-open the case with payment of the appropriate filing fee. Further any and all motions which remain pending are DISMISSED AS MOOT. Signed by Honorable P. K. Holmes, III on April 11, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
KIRELL TAYLOR

PLAINTIFF

v.

Case No. 3:11-CV-03128

MIDNIGHT EXPRESS BOOKS and
LINDA HUDDLESTON

DEFENDANTS
ORDER

Currently before the Court is the Report and Recommendation (Doc. 17) filed in this case
on March 13, 2012, by the Honorable James R. Marchewski, United States Magistrate for the
Western District of Arkansas. Also before the Court are Plaintiff’s Objections (Doc. 19) to the
Report and Recommendation.
The Court has reviewed this case de novo, and, being well and sufficiently advised, finds as
follows: Plaintiff’s objections offer neither law nor fact requiring departure from the Report and
Recommendation.

Although Plaintiff maintains in his Objections to the Report and

Recommendation that he is genuinely concerned for his safety, the Court finds that Plaintiff has not
alleged any facts to indicate that he is under imminent danger of serious physical injury.
Accordingly, the Court finds that the Report and Recommendation (Doc. 17) is proper and
should be and hereby is ADOPTED IN ITS ENTIRETY. For the reasons stated herein and in the
Magistrate Judge’s Report and Recommendations, Plaintiff’s in forma pauperis status pursuant to
the Prison Litigation Reform Act is hereby REVOKED, and Plaintiff’s Complaint is DISMISSED
WITHOUT PREJUDICE to Plaintiff’s right to re-open the case with payment of the appropriate
filing fee.

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IT IS FURTHER ORDERED that any and all motions which remain pending are
DISMISSED AS MOOT.
IT IS SO ORDERED this 11th day of April, 2012.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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