Cody v. Erma et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 adopting Report and Recommendations re 19 Report and Recommendations. Signed by Honorable Robert T. Dawson on April 5, 2012. (dmc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
STEPHEN CODY

PLAINTIFF

v.

Case No. 10-6070

MS. MARGARET, Probation and
Parole Office; AND MS. RHONDA
WARE, Probation and Parole Office

DEFENDANTS

ORDER
Now on this 5th day of April, 2012, there comes on for
consideration the report and recommendation filed herein on March
12, 2012, by the Honorable James R. Marschewski, United States
Magistrate Judge for the Western District of Arkansas.

(Doc. 19).

Plaintiff has not filed timely, written objections.
The

court

sufficiently

has

reviewed

advised,

finds

this
as

case

and,

follows:

being
The

well

and

report

and

recommendation is proper and should be and hereby is adopted in its
entirety.

Accordingly, Defendants’ motion to revoke Plaintiff’s

IFP status (doc. 16) is GRANTED, and this action is DISMISSED
WITHOUT PREJUDICE to Plaintiff’s right to re-open it with payment
of the appropriate filing fee.
538, 540 (E.D. Mich. 1997).

See Witzke v. Hiller, 966 F.Supp.
In the event Plaintiff tenders the

filing fee, he will also be responsible for other costs associated
with this action, such as costs of service and subpoena fees.
Plaintiff is precluded from filing any future civil action IFP

AO72A
(Rev. 8/82)

unless he is under imminent danger of serious physical injury.
Accordingly,

the

U.S.

District

Clerk

is

directed

to

provisionally file any new action in which Steven Cody seeks to
proceed IFP.

The U.S. Magistrate Judge shall then review the

action and, if it is a civil action, rather than a criminal or
habeas one, and, if Cody has not asserted a valid claim that he is
under imminent danger of serious physical injury, the magistrate
judge shall recommend that IFP status be denied.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)