Winston v. Etherly et al

Filing 39

ORDER approving and adopting in their entirety as this Court's findings in all respects 37 Proposed Findings and Recommended Disposition; dismissing Plaintiff's Complaint with prejudice with respect to his claims against Defendant Marcus I. Etherly, and without prejudice in all other respects; dismissing Plaintiff's complaint for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury; certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith; and denying all pending motions. Signed by Judge James M. Moody on 5/1/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
CHARLES A. WINSTON
ADC #84733
V.

PLAINTIFF

NO: 2:12CV00084 JMM

MARCUS I. ETHERLY et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young, and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, 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 is DISMISSED for failure to introduce sufficient evidence to

create a fact issue to be submitted to a jury.
2.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE with respect to his claims

against Defendant Marcus I. Etherly, and WITHOUT PREJUDICE in all other respects.
3.

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.
4.

All pending motions are DENIED.

DATED this 1st day of May, 2013.

UNITED STATES DISTRICT JUDGE