Antonelli v. Luekefeld et al

Filing 103

ORDER ADOPTING 96 Partial Report and Recommendations and granting in part 82 Motion to Dismiss filed by defendants. An ifp appeal taken from this Order would not be taken in good faith. Signed by Judge Brian S. Miller on 6/2/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION MICHAEL ANTONELLI REG. # 04053-164 v. ALISON LUEKEFELD, et al. ORDER The court has reviewed the proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended partial disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. Accordingly, it is therefore ordered that: 1. Defendants' motion to dismiss (Doc. No. 82) is granted in part, such that 2:07CV00118 BSM/JTR DEFENDANTS PLAINTIFF

plaintiff's conspiracy claims are dismissed without prejudice, and denied in all other respects. 2. The court certifies, pursuant to 28 U.S.C. § 1915(a)(3), than an in forma

pauperis appeal from this order would not be taken in good faith. Dated this 2nd day of June, 2009.

UNITED STATES DISTRICT JUDGE