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).

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

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