Hurlbut et al v. Burl et al

Filing 19

ORDER adopting 16 proposed findings and recommendations and dismissing the complaint without prejudice; denying as moot pending motions 2 , 5 , 7 , 8 , 9 , 10 , 12 , 13 and 18 ; and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 12/04/2013. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DANIEL B. HURLBUT, ADC # 658898; DELWRICK COLEMAN, ADC # 656538; SAMSON TILLIS, ADC # 141221; HARRY SURBUR, ADC # 89794; JOSEPH SMITH, ADC # 127880; JAMES EVERETT, ADC # 109614; CHRISTOPHER BREWER, ADC # 652673; BEN MCCARTER, ADC # 128344; and PAUL BRANSON, ADC # 097273 v. PLAINTIFFS No. 2:13-cv-128-DPM-HDY DANNY BURL; TODD BALL; DAVID MILLS; RAY HOBBS; LARRY MAY; JIM SMITH; WENDY KELLEY; RAYMOND NAYLOR; and JANET LEWIS DEFENDANTS ORDER The Court has considered the objections to Magistrate Judge H. David Young's proposed findings and recommendations, N2 16 & 17. On de novo review, the Court adopts Judge Young's proposal. FED. R. CIV. P. 72(b). Plaintiffs' complaint is dismissed without prejudice. Plaintiffs Coleman, Tillis, Surbur, Smith, Everett, Brewer, and Branson have not complied with the Court's Order to submit individual amended complaints by 4 November 2013 or risk dismissal, N2 4 at 2. McCarter filed an amended complaint, N2 15, but fails to state a claim. Hurlbut filed a motion clarifying his claims, NQ 7, but he, too, fails to state a claim. And Hurlbut now requests dismissal without prejudice, NQ 18. Pending motions, NQ 2, 5, 7, 8, 9, 10, 12, 13, & 18, are denied as moot. The Court certifies that an in forma pauperis appeal from this Order and the related Judgment would not be taken in good faith. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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