Emerson v. McCallum
JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS in toto re 10 Report and Recommendations.; denying as moot 11 Motion for Default Judgment; denying as moot 12 Motion to Appoint Counsel ; denying as moot 13 Motion for Order; denying as moot 1 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Susan O. Hickey on February 8, 2012. (dmc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
Civil No. 6:11-cv-6085
Before the Court is the Report and Recommendation filed January 18, 2012, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 10). Judge Bryant recommends that the above-styled case be dismissed with prejudice for
failure to obey orders of the Court. Specifically, Plaintiff has failed to submit a completed IFP
application or pay the $350 filing fee required to proceed with this action. The parties have not filed
objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. §
636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Plaintiff’s
complaint is DISMISSED WITH PREJUDICE.
There are four motions currently pending: Motion to Proceed In Forma Pauperis (ECF No.
1), Motion for Default Judgment (ECF No. 11), Motion to Appoint Counsel (ECF No. 12), and
Motion for Order to Suspend Sentence (ECF No. 13). Because Plaintiff’s complaint is dismissed
with prejudice, these remaining motions are DENIED AS MOOT.
IT IS SO ORDERED, this 8th day of February, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
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