Perry v. Munn et al

Filing 26

PROPOSED FINDINGS AND RECOMMENDATION recommending that plaintiff Zackeya Perry's 25 motion to voluntarily dismiss his complaint be granted; that Perry's 2 complaint be dismissed without prejudice; and that the Court certify that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Objections due within 14 days of this Recommendation. Signed by Judge Billy Roy Wilson on 12/13/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
ZACKEYA PERRY
ADC #156241
V.

PLAINTIFF

NO: 2:16CV00043 BRW/PSH

TIFFANY MUNN et al

DEFENDANTS

PROPOSED FINDINGS AND RECOMMENDATION
INSTRUCTIONS
The following Proposed Findings and Recommendation have been sent to United States
District Judge Billy Roy Wilson.

You may file written objections to all or part of this

Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or
legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14)
days of this Recommendation. By not objecting, you may waive the right to appeal questions of
fact.
DISPOSITION
On December 12, 2016, plaintiff Zackeya Perry filed a motion to voluntarily dismiss his
complaint. Doc. No. 25. For good cause shown, Perry’s motion should be granted.
IT IS THEREFORE RECOMMENDED THAT:
1.

Plaintiff Zackeya Perry’s motion to voluntarily dismiss his complaint, Doc. No. 25,

be GRANTED, and Perry’s complaint be DISMISSED WITHOUT PREJUDICE.
2.

The Court certify 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 13th day of December, 2016.

UNITED STATES MAGISTRATE JUDGE