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)

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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)

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