Roberson v. Burl et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS and denying 5 Motion for Leave to Proceed in forma pauperis filed by Preston Roberson. Plaintiff may file a motion to reopen the case upon payment of the filing fee. Case is dismissed without prejudice. Signed by Honorable Susan O. Hickey on July 11, 2013. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION PRESTON ROBERSON vs. PLAINTIFF Civil No. 13-CV-4012 WARDEN DANNY BURL and TODD BALL DEFENDANTS ORDER Before the Court is the Report and Recommendation filed June 12, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 7). Judge Bryant recommends that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 5) be denied and that the above-styled case be dismissed without prejudice pursuant to the three strikes provision of the Prison Litigation Reform Act. See 28 U.S.C. § 1915(g). No party has filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1)(C). Upon review, the Court adopts the Report and Recommendation in toto. The Court finds that the above-styled case is DISMISSED WITHOUT PREJUDICE. Plaintiff may file a motion to reopen the case upon payment of the filing fee. IT IS SO ORDERED, this 11th day of July, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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