Scott v. Arkansas Department of Correction et al

Filing 100

ORDER ADOPTING 93 Report and Recommendations of Magistrate Judge; Plaintiff's claims against defendant Don Ball are dismissed without prejudice; Plaintiff's complaint is dismissed with prejudice in all other respects. Plaintiff's 97 Motion for TRO is denied as moot following the filing of his objections. It is certified that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivilous and not in good faith. Signed by Chief Judge Brian S. Miller on 3/19/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DEVERICK SCOTT
ADC #131042
v.

PLAINTIFF

CASE NO: 2:13CV00031 BSM

ARKANSAS DEPARTMENT
OF CORRECTION et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young and the objections filed by plaintiff have been reviewed.
After careful consideration and a de novo review of the record, it is concluded that the
proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s claims against defendant Don Ball are dismissed without prejudice

and Ball’s name is removed as a party defendant.
2.

Plaintiff’s complaint is dismissed with prejudice in all other respects.

3.

Plaintiff’s motion for a temporary restraining order [Doc. No. 97] is denied as

moot following the filing of his objections.
4.

It is further certified 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 19th day of March 2014.

UNITED STATES DISTRICT JUDGE