Fudge v. Jones et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 38 dismissing plaintiff's complaint with prejudice and certifying that an ifp appeal taken from the order and judgment would be frivolous and not in good faith. Signed by Judge Brian S. Miller on 12/18/09. (bkp)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JAMES FUDGE ADC #78875 V. DENISE JONES et al. ORDER The court has reviewed the proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety as this court's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to NO: 2:08CV00021 BSM DEFENDANTS PLAINTIFF
introduce sufficient evidence to create a fact issue to be submitted to a jury. 2. The court certifies 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 18th day of December, 2009.
UNITED STATES DISTRICT JUDGE
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