Beruman v. Outlaw

Filing 29

ORDER ADOPTING 25 Report and Recommendations in their entirety; therefore, defts' 19 Motion to Dismiss is GRANTED, and pltf's complaint is DISMISSED WITH PREJUDICE for failure to state a claim; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/6/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JOSE CARLOS BERUMAN REG. #97044-079 v. T.C. OUTLAW et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, 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 to dismiss (docket entry #19) is GRANTED, and Plaintiff's NO. 2:09CV00099 JLH DEFENDANTS PLAINTIFF

complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. 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. IT IS SO ORDERED this 6th day of April, 2010.

UNITED STATES DISTRICT JUDGE