Conway v. Kelley et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS 52 ; denying as moot 45 Motion for Summary Judgment and 43 Motion for Summary Judgment; granting plaintiff's 51 Motion to Dismiss the remaining defts; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 11/8/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION BYRON L. CONWAY ADC# 113285 v. PLAINTIFF No.2:10-cv-143-DPM-JTR SHANA WHITMORE, DEBORAH LEBEL, QUIANA CHILDRESS, and MICHAEL FERRICHER DEFENDANTS ORDER The Court has considered Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Partial Disposition, to which Byron Conway has not objected. Having reviewed the proposal for clear errors of fact on the face of the record as a whole and for legal error, FED. R. CIV. P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts Magistrate Judge Ray's proposal, Document No. 52. The Court grants Conway's motion to dismiss the remaining defendants. Document No. 51. Motions, Document Nos. 43 & 45, dismissed as moot. An in forma pauperis appeal from this Order would not be taken in good faith. 28 U.5.C.A. ยง 1915(a)(3) (West 2006). So Ordered. 2

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