Banks v. Pivnichny et al

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 3 ; ORDER denying as moot 2 Motion for Leave to Proceed in forma pauperis, Motion for Service. Signed by Honorable Susan O. Hickey on October 5, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION FREDERICK BANKS vs. PLAINTIFF Civil No. 4:15-cv-04061 TIMOTHY PIVNICHNY, et al. DEFENDANTS ORDER Before the Court is the Report and Recommendation filed on September 16, 2015 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 3. Judge Bryant recommends Plaintiff’s Complaint (ECF No. 1) be DISMISSED for improper venue and Plaintiff’s Motion for Leave to Proceed IFP (ECF No. 2) be DENIED as moot. No objections have been filed to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). The Court has reviewed this case, and being well and sufficiently advised, finds that the Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the Court hereby adopts the Report and Recommendation and finds that Plaintiff’s Complaint (ECF No. 1) should be and hereby is DISMISSED for improper venue. Further, the Court finds that Plaintiff’s Motion for Leave to Proceed IFP (ECF No. 2) should be and hereby is DENIED as moot. IT IS SO ORDERED, this 5th day of October, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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