Vaughn v. Huskins et al

Filing 101

ORDER ADOPTING 100 REPORT AND RECOMMENDATIONS; denying 98 Motion for Leave to Appeal in forma pauperis.. Signed by Honorable Jimm Larry Hendren on February 20, 2013. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CHESTER S. VAUGHN

PLAINTIFF

v.

Civil No. 09-5205

DR. JAMES HUSKINS, Benton
County Detention Center;
NURSE MARSHA SMITH, Benton
County Detention Center;
SGT. FRY, Benton County
Detention Center; CAPTAIN
ROBERT HOLLY, Benton County
Detention Center; and SHERIFF
KEITH FERGUSON

DEFENDANTS

O R D E R
Now

on

this

20th

day

of

February,

2013,

come

on

for

consideration plaintiff's Application To Proceed In District Court
Without Prepaying Fees Or Costs1 (document #98) and the Report And
Recommendation Of The Magistrate Judge ("R&R") (document #100),
and from these documents, the Court finds and orders as follows:
1.

Plaintiff Chester S. Vaughn ("Vaughn") brought suit

pursuant to 42 U.S.C. § 1983, alleging that defendants were
deliberately indifferent to his serious medical needs arising out
of a chemical exposure when floor-mopping chemicals were splashed
into his eye.

When his claims were denied and dismissed Vaughn

appealed and requested in forma pauperis ("IFP") status.
2.

Magistrate Judge Erin L. Setser considered Vaughn's IFP

1
Despite its title, this preprinted document relates to Vaughn's appeal, not the
proceedings before the District Court, where he was accorded IFP status in September,
2009.

application, and found it wanting. She entered an Order directing
him to supply additional information.
reports

that

Vaughn

has

failed

to

In the R&R, Judge Setser
supply

the

additional

information, has not requested additional time to respond, and has
failed to communicate with the Court in any way.

Judge Setser

recommended that IFP status be denied.
3.

Vaughn has failed to lodge any objection to the R&R, and

the time for doing so has now expired.
4.

The Court finds the R&R sound in all respects, and has

determined that it should be adopted in toto.
IT IS THEREFORE ORDERED that the Report And Recommendation Of
The Magistrate Judge ("R&R") (document #100) is adopted in toto.
IT IS FURTHER ORDERED that plaintiff's Application To Proceed
In District Court Without Prepaying Fees Or Costs (document #98)
is denied.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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