Bell v. Kelley et al

Filing 11

RECOMMENDED DISPOSITION recommending that 10 Bell's Motion to Dismiss be granted, and that this case be dismissed without prejudice; and the Court certify that an in forma pauperis appeal from any Order adopting this Recommended Disposition would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 12/28/2017. (kdr)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

RONITA FAITH BELL,
ADC #705860
V.

PLAINTIFF
1:17CV00085 KGB/JTR

WENDY KELLEY, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

RECOMMENDED DISPOSITION
The following Recommended Disposition (ARecommendation@) has been sent
to United States District Judge Kristine G. Baker. Any party may file written
objections to this Recommendation. Objections must be specific and include the
factual or legal basis for disagreeing with the Recommendation. An objection to a
factual finding must specifically identify the finding of fact believed to be wrong
and describe the evidence that supports that belief.
An original and one copy of the objections must be received by the Clerk of
this Court within fourteen (14) days of this Recommendation. If no objections are
filed, Judge Baker can adopt this Recommendation without independently reviewing
all of the evidence in the record. By not objecting, you may also waive any right to
appeal questions of fact.
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I. Discussion
Plaintiff Ronita Faith Bell ("Bell"), who is a prisoner in the McPherson Unit
of the Arkansas Department of Correction, has filed a Motion seeking permission to
voluntarily dismiss this pro se ' 1983 action. Doc. 10. For good cause shown, the
Court recommends that Bell's Motion be granted, and that this case be voluntarily
dismissed, without prejudice. See Fed. R. Civ. P. 41(b).
II. Conclusion
IT IS THEREFORE RECOMMENDED THAT:
1.

Bell's Motion to Dismiss (Doc. 10) be GRANTED, and that this case

be DISMISSED, WITHOUT PREJUDICE.
2.

The Court CERTIFY, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from any Order adopting this Recommended Disposition
would not be taken in good faith.
Dated this 28th day of December, 2017.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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