Fenner v. Lyles et al

Filing 21

ORDER ADOPTING 19 Proposed Findings and Partial Recommended Disposition. Defendant Lyles's 13 Motion to Dismiss is granted. Defendant Lyles is dismissed from this action with prejudice. 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. Signed by Judge James M. Moody Jr. on 10/28/2016. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JASON E. FENNER ADC #127315 v. PLAINTIFF 2:16CV00113-JM-JJV LYLES, Corporal, East Arkansas Regional Unit, ADC; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes the Proposed Findings and Partial 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 Lyles’s Motion to Dismiss (Doc. No. 13) is GRANTED. 2. Defendant Lyles is dismissed from this cause of action with prejudice. 3. 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. DATED this 28th day of October, 2016. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1

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