Burns v. Kelley et al

Filing 71

ORDER adopting 70 the proposed findings and recommended disposition; granting 66 Defendant Dottie Yarbrough's motion for summary judgment and dismissing 2 plaintiff Roy Burns' complaint, without prejudice. It is certified, pursuant to 28 U.S.C. § 1915(a)(3) that an in forma pauperis appeal would be frivolous and would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/12/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ROY D. BURNS
ADC #91713
v.

PLAINTIFF
CASE NO. 2:11CV00086 BSM/HDY

DOTTIE YARBROUGH, Regional Infirmary Manager,
East Arkansas Regional Unit,
Arkansas Department of Correction

DEFENDANT

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young [Doc. No. 70] have been reviewed. No objections have
been filed. After carefully considering these documents and making a de novo review of the
record, it is concluded that the proposed findings and recommended disposition should be,
and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendant Dottie Yarbrough’s motion for summary judgment [Doc. No. 66]

is granted and plaintiff Roy Burns’s complaint [Doc. No. 2] is dismissed without prejudice.
2.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3) than an in forma pauperis

appeal would be frivolous and would not be taken in good faith.
An appropriate judgment shall accompany this order.
Dated this 12th day of December 2012.
________________________________
UNITED STATES DISTRICT JUDGE