McCarver v. Ball et al

Filing 37

ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS in their entirety; therefore, defts' 31 MOTION for Summary Judgment is GRANTED, and pltf's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Susan Webber Wright on 7/23/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JESSE EARL McCARVER ADC #76860 V. PLAINTIFF NO: 2:10CV00192 SWW TODD BALL et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. Defendants’ motion for summary judgment (docket entry #31) is GRANTED, and Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. 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 23rd day of July, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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