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)

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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)

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