Smith v. Page et al

Filing 77

ORDER approving and adopting in their entirety the 76 findings and recommendation as this Court's findings in all respects; granting the 66 motion for summary judgment filed by defendants Joe Page, Aundrea Weekly, and Vernon Robertson and d ismissing with prejudice the claims against them; dismissing Joshua Allen Smith's complaint; and certifying that an in forma pauperis appeal taken from the orders and judgment dismissing this case would be frivolous and not in good faith. Signed by Judge J. Leon Holmes on 2/9/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JOSHUA ALLEN SMITH
v.

PLAINTIFF
NO. 1:15CV00070 JLH-PSH

JOE PAGE; AUNDREA WEEKLY;
VERNON ROBERTSON; and BILLY COWELL

DEFENDANTS

ORDER
The Court has received findings and a recommendation from Magistrate Judge
Patricia S. Harris. No objections have been filed. After a careful review, the Court
concludes that the findings and recommendation should be, and hereby are, approved
and adopted in their entirety as this Court’s findings in all respects. The motion for
summary judgment filed by defendants Joe Page, Aundrea Weekly, and Vernon Robertson
is granted. See Document 66. The claims against them are dismissed with prejudice. The
complaint filed by plaintiff Joshua Allen Smith is dismissed, and judgment will be
entered for all of the defendants.1 The Court certifies that an in forma pauperis appeal
taken from the orders and judgment dismissing this case would be frivolous and not in
good faith.
IT IS SO ORDERED this 9th day of February, 2017.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

1

The claims against defendant Billy Cowell were earlier dismissed without
prejudice. See Document 70. Judgment is also being entered for him at this time.