Reed v. Does

Filing 89

ORDER ADOPTING 82 REPORT AND RECOMMENDATIONS in their entirety; therefore, pltf's complaint is DISMISSED WITH PREJUDICE for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury; pltf's 88 Motion to Supplement the Record is denied. Signed by Judge Susan Webber Wright on 6/7/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
MALICH REED
REG. #28371-177
V.

PLAINTIFF

NO: 2:10CV00159 SWW

JOHN DOES

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 of the relevant portion of the record
(including viewing the video of the incident that is a subject of this action), see 28 U.S.C. §
636(b)(1)(C), 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.1
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 7th day of June 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

After he filed his objections, Plaintiff filed a motion to supplement the record [doc.#88] to
include his affidavit in which he refers to the allegations of this action. The Court denies Plaintiff’s
motion as it and his affidavit are untimely and the allegations of his affidavit have already been raised by
Plaintiff and addressed by the Magistrate Judge.