Mendoza v. Wise et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 10 ; denying 5 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Susan O. Hickey on July 11, 2016. (mll) (Main Document 11 replaced on 7/11/2016 with corrected party caption) (mll).

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
SANTOS MENDOZA a/k/a
GERARDO MENDOZA CASTELLON
v.

PLAINTIFF

Case No. 4:16-cv-4029

SERGEANT WISE; BOOKING OFFICER JONES;
LIEUTENANT HEATH ROSS; BOOKING OFFICER
TODD WILLY; MAIL LADY DAVIS

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed June 8, 2016 by the Honorable James
R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 10).
The Court finds this matter ripe for its consideration
Plaintiff filed an application to proceed in forma pauperis when he filed his Complaint. (ECF
No. 2). In his list of assets on the application, Plaintiff indicated that he owned real estate and a building
valued at $68,000. The Court directed Plaintiff to complete and return a form indicating whether he
owes any money on the building worth $68,000. (ECF No. 3). Plaintiff filed a response, indicating that
he does not owe any money on the property. (ECF No. 6). Accordingly, Judge Marschewski
recommends that Plaintiff’s application to proceed in forma pauperis be denied on the basis of his assets.
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, Defendant’s Motion for Leave to Proceed In Forma Pauperis (ECF No. 5) should be and
hereby is DENIED. The Clerk is directed to process the filing fee.
IT IS SO ORDERED, this 11th day of July, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge