Pepper v. Clinkscale et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS and vacating the Court's May 6, 2009 Recommended Partial Disposition, granting plaintiff's motion to dismiss: This case is voluntarily dismissed without prejudice; and the Court certifies that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 5/14/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION GREG PEPPER ADC #079459 V. 2:09CV00037 SWW/JTR DEFENDANTS

PLAINTIFF

ANDREW L. CLINKSCALE, Corporal, East Arkansas Regional Unit, et al. 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. VACATED. 2. Plaintiff's Motion to Dismiss (docket entry #8) is GRANTED, and this case is The Court's May 6, 2009 Recommended Partial Disposition (docket entry #6) is

VOLUNTARILY DISMISSED, WITHOUT 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 14th day of May 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE