Denham v. Stinson

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 ; denying Motion 3 for Leave to Proceed in forma pauperis filed by Billy Joe Denham, Jr; case dismissed with prejudice. Signed by Honorable Harry F. Barnes on November 9, 2009. (wd27 mailed)(cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DIVISION OF ARKANSAS TEXARKANA DIVISION BILLY JOE DENHAM, JR. VS. DAVID STINSON, Narcotics Investigator, Howard County, Arkansas ORDER Now on this 9th day of November, 2009, comes on for consideration the proposed findings and recommendations filed herein on October 19, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Ten (10) days having passed without objections being filed by the parties, the Court hereby adopts in toto the findings and recommendations. Accordingly, the Court finds that the Plaintiff's request to proceed in forma pauperis [Doc. 3] should be and is hereby denied. The Plaintiffs' complaint is therefore dismissed with prejudice. The claims asserted are frivolous and fail to state claims upon which relief may be granted. 28 U.S.C. § 1915A(b)(1) IT IS SO ORDERED. Civil No. 09-CV-4094 PLAINTIFF

DEFENDANT

/ s / Harry F. Barnes HARRY F. BARNES U.S. DISTRICT JUDGE