Smith v. United States Bureau of Prisons et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 and dismissing plaintiff's complaint without prejudice. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 6/27/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CARL DEAN SMITH,
Reg #11217-031
v.

PLAINTIFF
CASE NO. 2:11-cv-00019-JMM-JJV

UNITED STATES BUREAU OF
PRISONS; and TIMOTHY C. OUTLAW,
Warden, FCI-Forrest City

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, 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.

Plaintiff’s Complaint (Doc. No. 1) is DISMISSED without prejudice.

2.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations and the accompanying Judgment would not
be taken in good faith.
DATED this 27th day of June, 2011.

JAMES J. MOODY
UNITED STATES DISTRICT JUDGE