Lenard v. Correctional Medical Services et al

Filing 33

ORDER adopting 30 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITH PREJUDICE for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 11/23/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RICKY L. LENARD ADC #75333 V. CORRECTIONAL MEDICAL SERVICES, INC. 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to introduce NO: 2:09CV00003 SWW DEFENDANTS PLAINTIFF

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 23rd day of November, 2009.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE