Jones v. Young

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS, granting 11 Motion for Order and dismissing case without prejudice to inmate's right to refile upon payment of filing fee. Signed by Honorable Robert T. Dawson on January 16, 2013. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
HOWARD JONES

PLAINTIFF

v.

Case No. 12-6014

DREAM REDIC YOUNG

DEFENDANT
ORDER

Now on this 16th day of January 2013, there comes on for
consideration

the

report

and

recommendation

filed

herein

on

November 29, 2012, by the Honorable Barry A. Bryant, United States
Magistrate Judge for the Western District of Arkansas.

(Doc. 15).

Plaintiff did not file 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, Defendant’s Motion (doc. 11) is GRANTED,

and Plaintiff’s IFP status is revoked pursuant to section 1915(g).
Further, Plaintiff’s Complaint is DISMISSED WITHOUT PREJUDICE to
Plaintiff’s right to re-open it with payment of the full $350.00
filing fee. See Witzke v. Hiller, 966 F.Supp. 538, 540 (E.D. Mich.
1997)(revoking IFP status under section 1915(g) and dismissing
action without prejudice to inmate’s right to refile upon payment
of filing fee).

Plaintiff is instructed to file a motion to reopen

the action upon payment to the United States District Clerk of the

AO72A
(Rev. 8/82)

proper filing fee.

Plaintiff is also advised that in the event he

tenders the filing fee, he will be responsible for any other costs
associated with this action, such as costs of service and fees for
the issuance of any requested subpoenas.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)