Fenner v. Lyles et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JASON E. FENNER
LYLES, Corporal, East Arkansas
Regional Unit, ADC; et al.
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:
Defendant Lyles’s Motion to Dismiss (Doc. No. 13) is GRANTED.
Defendant Lyles is dismissed from this cause of 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.
DATED this 28th day of October, 2016.
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
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