Percefull v. Claybaker et al
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
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
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.
The parties filed no objections.
recommendation is proper and should be and hereby is adopted in its
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
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.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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