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)

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).