Hardy v Phillips et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
RAYMOND DOUGLAS HARDY 	PLAINTIFF
v. 	Case No. 1:26-cv-01037
CHARLIE PHILLIPS; JEFF STENTSON;
CAPTAIN SANDERS; and SHERYL BETENSE 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation filed on September 16, 2026, by the
Honorable Spencer G. Singleton, United States Magistrate Judge for the Western District of
Arkansas. 	ECF No. 8. 	Judge Singleton recommends that Plaintiff’s in forma pauperis (“IFP”)
Motion (ECF No. 2) be denied and this case be dismissed without prejudice. Specifically, Judge
Singleton finds that Plaintiff may not obtain IFP status under 28 U.S.C. § 1915(g) because he has
filed at least three claims that have been dismissed as frivolous, malicious, or failure to state a
claim and does not allege that he is under imminent danger of serious physical injury.
Plaintiff has not filed objections to the Report and Recommendation, and the time to object
has passed. 	See 28 U.S.C. § 636(b)(1). 	Upon review, finding no clear error on the face of the
record and that Judge Singleton’s reasoning is sound, the Court adopts the Report and
Recommendation (ECF No. 8) in toto. Accordingly, the Court DENIES Plaintiff’s IFP Motion
(ECF No. 2). 	Plaintiff’s case is DISMISSED WITHOUT PREJUDICE. 	Plaintiff shall have
thirty (30) days to file a Motion to Reopen this case upon payment of the full filing fee. The Court
certifies pursuant to 28 U.S.C. § 1915(a)(3) that an IFP appeal would not be taken in good faith.
IT IS SO ORDERED, this 14th day of October, 2026.
/s/ Susan O. Hickey
Susan O. Hickey
Senior United States District Judge
Case 1:26-cv-01037-SOH Document 9 Filed 10/14/26 Page 1 of 1 PageID #:
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