Houston v. Moss et al

Filing 10

ORDER ADOPTING 5 the proposed findings and recommended disposition; dismissing 2 plaintiff's complaint, with prejudice, with respect to his claims regarding the conditions of his confinement, and without prejudice in all other respects; and denying as moot all pending motions 4 . It is further certified that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 8/12/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JOHN ANTHONY HOUSTON
ADC #119358
v.

PLAINTIFF

CASE NO: 1:13CV00053 BSM

MARTY MOSS et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young have been reviewed, along with the objections filed. After
carefully considering the objections and making a de novo review of the record in this case,
it is concluded that the proposed findings and recommended disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE with respect to his

claims regarding the conditions of his confinement, and WITHOUT PREJUDICE in all other
respects.
2.

All pending motions are DENIED AS MOOT.

3.

It is further certified 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 12th day of August 2013.

UNITED STATES DISTRICT JUDGE