Williams v. Stewart et al
Filing
122
ORDER ADOPTING REPORT AND RECOMMENDATIONS 119 and dismissing plaintiff's complaint with prejudice for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury, and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 4/18/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
DAVID WILLIAMS
ADC #78730
V.
PLAINTIFF
NO: 2:10CV00039 JMM
KATHY STEWART et al.
DEFENDANTS
ORDER
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.
Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to introduce
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 18th day of April, 2011.
UNITED STATES DISTRICT JUDGE
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