Cantrell v. Mills et al

Filing 58

ORDER approving and adopting in their entirety as this Court's findings in all respects 57 Proposed Findings and Recommendations; granting 53 Defendant's Motion for Summary Judgment; dismissing 2 Plaintiff's Complaint without pr ejudice with respect to his claim against Defendant Juanita Mills; dismissing Plaintiff's Complaint with prejudice in all other respects; and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 5/1/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
JIMMY SHANE CANTRELL
ADC #98730
V.

PLAINTIFF

NO: 2:11CV00228 JMM

JUANITA MILLS 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.

Defendant’s motion for summary judgment (docket entry #53) is GRANTED, and

Plaintiff’s complaint is DISMISSED.
2.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE with respect to his

claim against Defendant Juanita Mills.
3.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE in all other respects.

4.

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 1st day of May, 2013.

UNITED STATES DISTRICT JUDGE