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)

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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)

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