Butgereit v. Horseshoe Bend Arkansas, City of

Filing 11

ORDER adopting 8 Report and Recommendations in their entirety; therefore, Pltf's Complaint 2 is DISMISSED WITHOUT PREJUDICE; Pltf's 1 Motion for Leave to Proceed in forma pauperis is DENIED as moot; Pltf's 10 Motion for Injunction or TRO is DENIED; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 12/3/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION SHANE ALAN BUTGEREIT V. CASE NO. 1:09CV00060 SWW/BD DEFENDANT P LAINTIFF CITY OF HORSESHOE BEND, ARKANSAS ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review of the recommendation, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's Complaint (docket entry #2) is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. 1915A. Plaintiff's motion for leave to proceed in forma pauperis (#1) is DENIED as moot. Plaintiff's motion for injunction or restraining order (#10) is DENIED.1 The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action would be frivolous and not taken in good faith IT IS SO ORDERED, this 3rd day of December, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE Plaintiff filed a motion for injunction or restraining order after the Magistrate Judge entered her Recommended Disposition, complaining of retaliation for this litigation. 1

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