Tayborn v. Kelly et al

Filing 40

ORDER ADOPTING 39 Report and Recommendations; therefore, deft Wendy Kelley's Motion for Sanctions 36 is granted to the extent that pltf's claims against her are dismissed without prejudice; pltf's complaint is dismissed without prejudice. Signed by Judge J. Leon Holmes on 4/22/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CALVIN TAYBORN, III v. PLAINTIFF NO. 2:12CV00102 JLH WENDY KELLY, 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 review, 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 Wendy Kelley’s motion for sanctions is GRANTED to the extent that plaintiff’s claims against her are DISMISSED WITHOUT PREJUDICE. Document #36. 2. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. 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. DATED this 22nd day of April, 2013. UNITED STATES DISTRICT JUDGE

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