Rashad v. Ferguson et al

Filing 137

ORDER adopting 135 proposed findings and recommendation in their entirety as this Court's findings in all respects; granting 128 131 motions to dismiss; dismissing without prejudice plaintiff's 2 complaint; finding as moot 122 124 . An in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 4/11/2014. (mmd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
FAHIM JAMAL RASHAD
v.

PLAINTIFF
Case No: 1:13-cv-00003 KGB/HDY

JOHN FERGUSON, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge H. David Young (Dkt. No. 135). No objections have been filed.
After careful consideration, 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.

The motions to dismiss filed by defendants John Ferguson, Glenda Rose, and

Donald Vaulner (Dkt. No. 128) and by Angela Dodd (Dkt. No. 131) are granted, and plaintiff’s
complaint is dismissed without prejudice for failure to comply with the Court’s Orders, for
failure to comply with Local Rule 5.5(c)(2), and for failure to prosecute.
2.

All other pending motions are denied as moot.

3.

The Court certifies that an in forma pauperis appeal taken from the Order and

Judgment dismissing this action is considered frivolous and not in good faith.
SO ORDERED this 11th day of April, 2014.

____________________________________
Kristine G. Baker
United States District Judge