Khan v. USA

Filing 23

ORDER ADOPTING 21 Partial Report and Recommendations and granting 9 Motion and Supplemental Motion to Dismiss filed by USA, 14 and certifying that an ifp appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 3/8/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION AFTAB AHMED KHAN Reg. #09260-062 a/k/a Aftab Khan Ahmed V. UNITED STATES OF AMERICA ORDER The court has received the partial recommended disposition submitted by Magistrate Judge J. Thomas Ray. The parties have not filed any objections. After reviewing the partial recommended disposition and reviewing the record de novo, it is concluded that the recommended disposition should be, and hereby is, approved and adopted in its entirety in all respects. Accordingly, defendant's motion to dismiss (Doc. No. 9) and supplemental motion to dismiss (Doc. No. 14) are GRANTED as to plaintiff's assault claim and DENIED as to plaintiff's negligence claim. Plaintiff's assault claim is therefore DISMISSED, WITH PREJUDICE. In addition, it is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith. IT IS SO ORDERED this 8th day of March, 2010. 2:09CV00077 BSM-JTR DEFENDANT

P LAINTIFF

UNITED STATES DISTRICT JUDGE