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)

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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. ยง 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 -2-

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