Percefull v. Claybaker et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS and denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff remains liable for the $350.00 filing fee under the PLRA and the Clerk is directed to collect the fee. Case is dismissed. Signed by Honorable Robert T. Dawson on August 1, 2012. (jn)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION RICHARD PERCEFULL PLAINTIFF v. Case No. 12-6040 CHRIS CLAYBAKER, Mayor, Camden Arkansas; LIEUTENANT BAILY, Malvern Police Department; GREGORY CRAIN, Hot Springs County Public Defender AND MAYOR NORTHCUTT, Malvern, Arkansas DEFENDANTS ORDER Now on this 1st day of August 2012, there comes on for consideration the report and recommendation filed herein on June 11, 2012, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 6). The parties filed no 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, the motion to proceed IFP (doc. 1) is DENIED, and Plaintiff’s Complaint is DISMISSED on the grounds that the claims are frivolous, fail to state claims on which relief can be granted, or are not cognizable. See 28 U.S.C. § 1915(e)(2)(B)(i)-(ii)(IFP action may be dismissed on such grounds at any time). Despite the dismissal of the Complaint, Plaintiff remains liable for the $350 filing fee under the PLRA, and the Clerk is instructed to collect the fee. AO72A (Rev. 8/82) IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?