Smith v. Paxton et al

Filing 26

ORDER ADOPTING 24 Report and Recommendations in their entirety; therefore, defts' 19 Motion to Dismiss is GRANTED, and pltf's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Susan Webber Wright on 12/3/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION LESTER SMITH, III REG. #03957-095 V. PLAINTIFF NO: 2:12CV00142 SWW JOHNNY PAXTON 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.1 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. Defendants’ motion for summary judgment (docket entry #19) is GRANTED, and Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. 2. 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 3rd day of December, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 The record reflects that the Proposed Findings and Recommended Disposition mailed to plaintiff at his last known address were returned to the Clerk on November 27, 2012, marked by the United States Postal Service as undeliverable. It is the responsibility of a pro se plaintiff to notify the Clerk of any change in his address. See Local Rule 5.5(c)(2).

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