Clark v. Counts et al

Filing 24

ORDER approving and adopting 22 Proposed Findings and Recommended Disposition in their entirety; granting Plaintiff's 21 motion to voluntarily dismiss complaint; and dismissing the 2 complaint without prejudice. An in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Billy Roy Wilson on 12/07/16. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION JERRY DEAN CLARK ADC #165173 VS. PLAINTIFF 1:16CV00093-BRW MARK COUNTS, et al DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, the Court approves and adopts the Proposed Findings and Recommended Disposition in their entirety. Accordingly, Plaintiff’s motion to voluntarily dismiss complaint (Doc. No. 21) is GRANTED, and the complaint is DISMISSED WITHOUT PREJUDICE An in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. IT IS SO ORDERED, this 7th day of December, 2016 (Pearl Harbor Day). /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE

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