Mills v. Harmon et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 and dismissing this case without prejudice; denying 9 plaintiff's motion for a temporary restraining order; and certifying that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 4/19/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JON MILLS ADC #86911 V. GREG HARMON, Warden 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 and the filed objections.1 After carefully considering these documents 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. Pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT PREJUDICE, 2:09CV00188 JMM/JTR DEFENDANTS

PLAINTIFF

due to Plaintiff's failure to comply with the Court's January 13, 2009 Order. 2. 3. Plaintiff's Motion for a Temporary Restraining Order (docket entry #9) is DENIED. 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 19th day of April, 2010. UNITED STATES DISTRICT JUDGE

The Court notes that even though the Objections were not timely filed, they were considered.

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