Ridgell v. Autrey et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Report and Recommendations, denying 5 Motion for Leave to Proceed in forma pauperis filed by Thomas E. Ridgell. Plaintiff's Complaint is dismissed without prejudice. Signed by Honorable Paul K. Holmes, III on June 23, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
THOMAS E. RIDGELL
v.

PLAINTIFF
Case No. 4:10-CV-04182

JUDGE AUTREY, Miller County,
Arkansas; SGT. MILLER (female),
Miller County Correctional
Facility; BRET HALTOM & CARLTON
JONES, Prosecuting Attorneys,
Miller County; JUDGE WYRICKE,
Miller County; DEPARTMENT OF
HUMAN SERVICES (DHS); and JEN
MAGNO, DHS

DEFENDANTS

O R D E R
On

this

23rd

day

of

June

2011,

there

comes

on

for

consideration the Report and Recommendation (Doc. 9) filed in this
case on April 21, 2011, by the Honorable Barry A. Bryant, United
States Magistrate for the Western District of Arkansas.

Also

before the Court are Plaintiff’s objections (Doc. 11).
The

court

has

reviewed

this

case

and,

being

well

and

sufficiently advised, finds as follows: Although the objections
filed by Plaintiff indicate that the Report and Recommendation was
received by Plaintiff on May 5, 2011, the objections were not filed
until May 20, 2011 - well after the May 9, 2011 deadline.

Even

allowing the Plaintiff three days for mailing, the objections would
be untimely. Furthermore, Plaintiff’s objections offer neither law
nor fact requiring departure from the Report and Recommendation.
Although Plaintiff has alleged some new facts, the Court remains
unable to find a cognizable claim for which relief may be granted,

and dismissal remains appropriate. The Report and Recommendation is
proper and should be and hereby is ADOPTED IN ITS ENTIRETY.
Accordingly, for the reasons stated in the Magistrate Judge’s
Report and Recommendation, Plaintiff’s request to proceed in forma
pauperis is hereby DENIED and Plaintiff’s Complaint is DISMISSED
WITHOUT PREJUDICE.

IT IS SO ORDERED this 23rd day of June 2011.

/s/Paul K. Holmes, III
PAUL K. HOLMES, III
UNITED STATES DISTRICT JUDGE