Earls v. Cantrell et al

Filing 73

ORDER approving and adopting 67 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; dismissing Defendant Sims without prejudice from this action; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 02/03/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JACOB THOMAS EARLS ADC # 114556 VS. PLAINTIFF 2:15CV00171-BRW-JJV LUKE CANTRELL, Deputy, Cross County Sheriff’s Department; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes 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. Defendant Sims is DISMISSED without prejudice from this action. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. SO ORDERED this 3rd day of February, 2017. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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