Martinez v. Lappin et al

Filing 77

ORDER adopting 73 Recommended Disposition in its entirety; therefore, Defts' 62 Motion for Summary Judgment is GRANTED, and Pltf's complaint is DISMISSED WITHOUT PREJUDICE; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 11/17/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION ROSENDO MARTINEZ, JR. #33908 V. HARRY LAPPIN 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' motion for summary judgment (docket entry #62) is GRANTED, and NO: 2:08CV00183 JLH DEFENDANTS PLAINTIFF

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, 2009.

UNITED STATES DISTRICT JUDGE