Kindle v. Stovall et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 5 Report and Recommendations. Plaintiff's claims against Defendants are dismissed without prejudice. Signed by Honorable Susan O. Hickey on March 31, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION DAVID KINDLE, III v. PLAINTIFF Case No. 4:14-cv-04159 SHERIFF RON STOVALL; OFFICER BYRON GRIFFIN; and JOHN DOE OFFICER DEFENDANTS ORDER Before the Court is the Report and Recommendation filed by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 5). Judge Marschewski recommends that Plaintiff’s Complaint (ECF No. 1) be dismissed without prejudice on the grounds that Plaintiff has failed to comply with an Order of the Court to complete and file an in forma pauperis application or pay the $400 filing fee and has otherwise failed to prosecute this matter. 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). The Court adopts the Report and Recommendation in toto. Accordingly, all of Plaintiff’s claims against Defendants are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 31st day of March, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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