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)

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