Opinion
NO: 2:16-CV-0141-SMJ
06-22-2016
ALVIN LUCKETT, Plaintiff, v. MELVIN MOORE, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS
Magistrate Judge Dimke filed a Report and Recommendation on June 3, 2016, recommending this action be dismissed without prejudice and that Plaintiff's application to proceed in forma pauperis be denied, ECF No. 4. There being no objections, the Court ADOPTS the Report and Recommendation in its entirety.
Therefore, IT IS ORDERED that this action, filed by a prisoner in Mississippi, is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1406(a), and leave to proceed in forma pauperis is DENIED.
IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, forward a copy to Plaintiff and close the file. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith and would lack any arguable basis in law or fact.
DATED this 22nd day of June 2016.
/s/_________
SALVADOR MENDOZA, JR.
United States District Judge