Phinney et al v. Crowder

Filing 34

ORDER adopting 30 Recommended Disposition in its entirety; therefore, Pltf Phinney's 4 Motion to Remand to State Court is DENIED; granting 10 Motion to Substitute the United States as the party Deft and to Dismiss the Complaint; this case is DISMISSED WITH PREJUDICE; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 6/8/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ANTHONY PHINNEY Reg. #31304-044; and SEVERIN GUNDLACH, Reg. #06458-025 V. JOSEPH CROWDER, Unit Counselor, FCI-Forrest City ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. 2. Plaintiff Phinney's Motion to Remand (docket entry #4) is DENIED. Defendant's Motion to Substitute the United States as the Party Defendant and to 2:08CV00186 SWW/JTR DEFENDANT PLAINTIFFS Dismiss the Complaint (docket entry #10) is GRANTED, and this case is DISMISSED, WITH PREJUDICE. 3. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 8th day of June, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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