Willis et al v. Helder et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS and denying 1 Motion for Leave to Proceed in forma pauperis. Signed by Honorable P. K. Holmes, III on July 2, 2015. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JAVAUGHNTAIYE WILLIS; and
STEVEN CODY aka ISHMAEL OBAMA
v.

PLAINTIFFS

Case No. 5:15-CV-05099

SHERIFF TIM HELDER; NURSE SMITH;
SERGEANT MUGGEY; and SERGEANT CARTER

DEFENDANTS

ORDER
The Court has received proposed findings and recommendations (Doc. 6) from United States
Magistrate Judge James R. Marschewski. No objections have been filed, and the deadline for filing
objections has passed.
The Court has reviewed this case and finds that the report and recommendation is proper,
contains no clear error, and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly,
for the reasons stated in the magistrate judge’s report and recommendations, Plaintiffs’ motion for
leave to proceed in forma pauperis (Doc. 1) is DENIED, and this matter is DISMISSED WITHOUT
PREJUDICE.
Plaintiff Cody/Obama may re-file his claims only with payment of the appropriate filing fee,
pursuant to the three strikes rule set forth in 28 U.S.C. § 1915(g). Any complaint that is re-filed
should set forth only claims of Cody/Obama and should be filed as a separate case.
If Plaintiff Willis wishes to pursue his claims, he is directed to submit a new complaint,
setting forth his claims only, and submit a new IFP application on his own behalf. Any new
complaint and IFP application should be filed as a separate case.
Judgment will be entered accordingly.
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IT IS SO ORDERED this 2nd day of July, 2015.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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