Harrington v. Rush

Filing 38

ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS; denying as moot 19 Motion to Dismiss Case as Frivolous, 27 Motion to Appoint Counsel, and 28 Motion to Compel; pltf's complaint is DISMISSED with prejudice for failure to state a claim upon which relief may be granted; pltf's request for injunctive relief is DENIED. Signed by Judge Brian S. Miller on 6/9/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION LOUIS HARRINGTON ADC # 96313 v. 1:09CV00009 BSM DEFENDANT PLAINTIFF

ALEX RUSH, CO-II, North Central Unit, Arkansas Department of Correction ORDER

The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young and plaintiff's objections. After carefully considering plaintiff's objections and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. IT IS THEREFORE ORDERED that: 1. 2. Plaintiff's request for injunctive relief is DENIED; Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to state a

claim upon which relief may be granted; 3. All pending motions are DENIED as moot.

DATED this 9th day of June, 2009.

_____________________________________ UNITED STATES DISTRICT JUDGE