Davis v. Moritz

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 6 Report and Recommendations and case is dismissed without prejudice; denying 4 Motion for Leave to Proceed in forma pauperis, however, Plaintiff remains liable for $350.00 filing fee and directing the Clerk to assess filing fee and collect funds from Prison Account of Terrell M. Davis; further directing the clerk to place a § 1915(g) strike flag on the case. Signed by Honorable Susan O. Hickey on November 28, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TERRELL M. DAVIS vs. PLAINTIFF Civil No. 4:11-cv-4083 WILLIAM “BILLY” MORITZ DEFENDANT ORDER Before the Court is the Report and Recommendation filed November 2, 2011, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 6). Judge Bryant recommends that Plaintiff’s request to proceed in forma pauperis be denied and that the complaint be dismissed without prejudice. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Accordingly, the Court finds that Plaintiff’s request to proceed in forma pauperis is DENIED and that Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff remains liable for the $350 filing fee under the provisions of the Prison Litigation Reform Act, see e.g., In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997), and the Clerk is directed to collect the filing fee from the Plaintiff. Further, the dismissal of this action will constitute a strike under the Prison Litigation Reform Act, and the Clerk is directed to place a § 1915(g) strike flag on the case.. IT IS SO ORDERED, this 28th day of November, 2011. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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