Starkey v. Harmon et al

Filing 36

ORDER adopting 34 Recommended Disposition in its entirety; therefore, Defts' Motions 21 27 for Summary Judgment are GRANTED, and Pltf's complaint is DISMISSED WITHOUT PREJUDICE; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 11/17/08. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION TOMMY STARKEY ADC #88300 v. GREG HARMON et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. Defendants' motions for summary judgment (docket entries #21 & #27) are NO: 2:08CV00145 JLH DEFENDANTS PLAINTIFF

GRANTED, and Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. 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 17th day of November, 2008.

UNITED STATES DISTRICT JUDGE