Williams v. McNary et al

Filing 96

ORDER adopting 83 Judge Young's Proposed Findings and Recommendations; dismissing 2 Williams's complaint with prejudice; and denying as moot 87 Williams's motion to compel. Signed by Judge D. P. Marshall Jr. on 6/23/11. (hph)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

DAVID WILLIAMS
ADC# 78730
v.

PLAINTIFF

Case No. 2:10-cv-57-DPM

WALLACE McNARY, LORETTA
MICHAEL, MOSES JACKSON,
and GREG HARMON

DEFENDANTS

ORDER
The Court has considered Magistrate Judge H. David Young's
Proposed Findings and Recommendations, Document No. 83, and David
Williams's objections, Document Nos. 86, 88, & 89. After de novo review, the
Court adopts Judge Young's proposal as its own. FED. R. CIV. P. 72(b)(3).
Williams's motion to compel, Document No.8 7, concerning access to his
legal work has already been addressed. The Court's November 2010 order
stated that "Williams's right to store court papers must be balanced against
ADC's fire and safety concerns, [and] he must decide which papers he wants
to keep inside his assigned footlocker." Document No. 43, at 2-3.
Williams's complaint, Document No.2, is dismissed with prejudice. And
Williams's motion to compel, Document No. 87, is denied as moot. The Court

certifies that an in forma pauperis appeal from this Order and Judgment would
not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

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