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)

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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

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