Waller v. Kelley et al

Filing 57

ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 47 ; denying 43 MOTION for Default Judgment against All Defendants filed by Kenneth L Waller, Jr. Signed by Chief Judge J. Leon Holmes on 5/2/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION KENNETH L. WALLER, JR., ADC #103829 v. PLAINTIFF No. 1:11CV00095 JLH/JTR WENDY KELLEY, Deputy Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial 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. Plaintiff’s Motion for Default Judgment (docket entry #43) is DENIED. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. DATED this 2nd day of May, 2012. UNITED STATES DISTRICT JUDGE

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