Einfeldt v. Rivera et al

Filing 47

ORDER APPROVING AND ADOPTING 30 43 PROPOSED FINDINGS AND RECOMMENDATIONS; denying 3 motion for a temporary restraining order; granting 37 defendants' motion for summary judgment; dismissing 2 complaint; and certifying that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 02/18/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
MICHAEL EINFELDT
REG #06087-029
v.

PLAINTIFF
Case No. 2:14-cv-00062-KGB/HDY

C.V. RIVERA, et al.

DEFENDANTS
ORDER

Before the Court are two Proposed Findings and Recommendations submitted by United
States Magistrate Judge H. David Young (Dkt. Nos. 30, 43). The Court will examine each in
turn.
First, the Court has reviewed the Proposed Findings and Recommendations submitted by
Magistrate Judge Young regarding plaintiff Michael Einfeldt’s motion for a temporary
restraining order (Dkt. No. 30).

The Court also has reviewed the objections to the

recommendations filed by Mr. Einfeldt (Dkt. Nos. 33, 36). After carefully considering the
recommendations and objections, and making a de novo review of the record in this case, the
Court concludes that the Proposed Findings and Recommendations should be, and hereby are,
approved and adopted in their entirety as this Court’s findings in all respects. The Court denies
Mr. Einfeldt’s motion for a temporary restraining order (Dkt. No. 3).
Next, the Court has reviewed the second Proposed Findings and Recommendations
submitted by Magistrate Judge Young regarding defendants’ motion for summary judgment
(Dkt. No. 43). Mr. Einfeldt moved to extend the time to file his objections (Dkt. No. 43) and
later filed his objections to the recommendations (Dkt. No. 45). The Court grants Mr. Einfeldt’s
motion for an extension of time (Dkt. No. 43) and considers his objections. After carefully
considering the recommendations and objections, and making a de novo review of the record in

this case, the Court concludes that the Proposed Findings and Recommendations should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects. The
Court grants defendants’ motion for summary judgment (Dkt. No. 37) and dismisses without
prejudice Mr. Einfeldt’s complaint.
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.
SO ORDERED this the 18th day of February, 2015.

________________________________
Kristine G. Baker
United States District Judge

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