Perry v. Budnik et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 15 Report and Recommendations and dismissing plaintiff's complaint without prejudice. Signed by Judge Susan Webber Wright on 1/6/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION NATHANIEL PERRY ADC #144831 V. PLAINTIFF NO: 1:13CV00037 SWW CHRISTOPHER T. BUDNIK et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. 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. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for failure to comply with Local Rule 5.5(c)(2), failure to respond to the Court’s order, and for failure to prosecute. 2. 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. DATED this 6th day of January, 2014. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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