Bordock v. Marvin's Inc

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS ; granting 1 Motion for Leave to Proceed in forma pauperis and dismissing case without prejudice. Signed by Honorable Jimm Larry Hendren on March 25, 2013. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
LAURIE BORDOCK

PLAINTIFF

v.

Civil No. 13-5029

MARVIN'S INC.

DEFENDANT
O R D E R

Now

on

this

25th

day

of

March

2013,

comes

on

for

consideration the Magistrate Judge's Report and Recommendation
(document #7), filed on February 27, 2013, to which no objections
have

been

filed.

The

Court

has

reviewed

the

Report

and

Recommendation and, being well and sufficiently advised, finds
that it is proper and should be adopted in its entirety.
IT IS THEREFORE ORDERED that the Magistrate Judge's Report
and Recommendation (document #7) is adopted in toto.
IT IS FURTHER ORDERED that, for the reasons stated in the
Report and Recommendation,
*

plaintiff's

Motion

for

Leave

to

Proceed

In

Forma

Pauperis (document #1) is granted, but the motion for service upon
defendant is denied, based on plaintiff's failure to state a claim
upon which relief can be granted; and
*

plaintiff's Complaint is dismissed without prejudice.

IT IS FURTHER ORDERED that, if plaintiff chooses to appeal
this

matter,

she

shall

be

denied

leave

to

appeal

in

forma

pauperis, as her claims are clearly frivolous, and thus, an appeal

would not be taken in good faith.
IT IS SO ORDERED.

/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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