Cunningham v. Ryals et al, No. 4:2017cv00411 - Document 8 (E.D. Ark. 2017)

Court Description: ORDER approving and adopting the 4 Proposed Findings and Recommendations in all respects; dismissing this action without prejudice; denying as moot all pending motions; and certifying pursuant to 28 U.S.C. § 1915(a)93), than an in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/31/2017. (mef)

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Cunningham v. Ryals et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MATTHEW CUNNINGHAM ADC #164672 v. PLAINTIFF Case No. 4:17-cv-00411-KGB/JTK TIM RYALS, et al. DEFENDANTS ORDER On June 29, 2017, United States Magistrate Judge Jerome T. Kearney denied without prejudice plaintiff Matthew Cunningham’s motion for leave to proceed in forma pauperis because Mr. Cunningham “did not sign the in forma pauperis Motion, and the filing fee calculation sheet was not completed/signed by an authorized official of the Jail” (Dkt. No. 3, at 1). Judge Kearney directed Mr. Cunningham to “submit either the $400 statutory filing fee or a completed in forma pauperis application, with the required calculation sheet signed by an authorized official of the prison, within thirty (30) days” (Id., at 2). Judge Kearney informed Mr. Cunningham that Local Rule 5.5 provides that “[i]f any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice” (Id.). The Court has received Proposed Findings and Recommendations submitted by Judge Kearney (Dkt. No. 4). Judge Kearney recommends that the Court dismiss without prejudice Mr. Cunningham’s complaint pursuant to Local Rule 5.5 (Id., at 3). The parties have not filed objections to the Proposed Findings and Recommendations. Mr. Cunningham has filed a renewed motion for leave to proceed in forma pauperis, but his motion is deficient as the filing fee calculation sheet was not completed and signed by an authorized official of the Jail (Dkt. No. 7, at 3-4). After careful review of the Proposed Findings and Recommendations, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects (Dkt. No. 4). This action is dismissed without prejudice. 1 All pending motions are denied as moot. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. So ordered this the 31st day of August, 2017. _________________________________ Kristine G. Baker United States District Court Judge 1 The Court notes that, based on a dismissal without prejudice, Mr. Cunningham may refile this action, but he will be required upon refiling either to submit prepayment of the $400.00 filing fee and costs or to submit a properly completed in forma pauperis motion which is then granted by the Court before being permitted to proceed with this action. 2

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