Fenner v. Lyles et al

Filing 33

ORDER adopting 32 Proposed Findings and Recommended Disposition. Defendant Speed's 29 Motion to Dismiss for Failure to State a Claim is granted. Defendant Speed is dismissed from this cause of action with prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/7/2017. (mcz) (Additional attachment(s) added on 3/7/2017: # 1 Main Document - Correct) (jak).

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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 LYLES, Corporal, East Arkansas Regional Unit, ADC; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that 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 Speed’s Motion to Dismiss (Doc. No. 13) is GRANTED. 2. Defendant Speed 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 7th day of March, 2017. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1

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