Williams v. Hale et al

Filing 37

ORDER ADOPTING 34 REPORT AND RECOMMENDATIONS in their entirety. Plaintiffs Complaint is DISMISSED WITHOUT PREJUDICE to his right to re-open it with payment of the appropriate filing fee. Signed by Honorable Robert T. Dawson on October 21, 2015. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BOBBY DWAYNE WILLIAMS
v.

PLAINTIFF
Case No. 15-6031

HALE, et al.

DEFENDANTS
ORDER

Now on this 21st day of October 2015, there comes on for
consideration the report and recommendation filed herein on October
1, 2015, by the Honorable Mark E. Ford, United States Magistrate
Judge for the Western District of Arkansas.
before the Court are Plaintiff’s objections.

(Doc. 34).

Also

(Doc. 35).

The court has reviewed this case de novo and, being well and
sufficiently

advised,

finds

as

follows:

The

report

and

recommendation is proper and should be and hereby is adopted in its
entirety.

Accordingly, Defendants’ Motion to Revoke Plaintiff’s

Status In Forma Pauperis (doc. 25) is GRANTED, and Williams’ IFP
status is revoked pursuant to the “three strikes” rule found in 28
U.S.C. § 1915(g).
PREJUDICE

to

his

Plaintiff’s Complaint is DISMISSED WITHOUT
right

appropriate filing fee.

to

re-open

it

with

payment

of

the

See Witzke v. Hiller, 966 F. Supp. 538,

540(E.D. Mich. 1997)(revoking IFP status under § 1915(g) and
dismissing action without prejudice to inmate’s right to re-file it
upon payment of filing fee).

Williams is instructed to file a

motion to reopen the action upon payment to the United States
District Clerk of the proper filing fee.

AO72A
(Rev. 8/82)

In the event that Williams tenders the filing fee, he will
also be responsible for other costs associated with this action.
Additionally, Williams is precluded from filing any future civil
action IFP, unless he is under imminent danger of serious physical
injury.
The U.S. District Clerk is directed to provisionally file any
new action in which Bobby Dwayne Williams seeks to proceed IFP.
The Magistrate Judge shall then review the action and, if it is a
civil action, rather than a criminal or habeas one, and, if
Williams has not asserted a valid claim that he is under imminent
danger of serious physical injury, the Magistrate Judge shall
recommend that IFP status be denied.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)