Gray v. McCann et al

Filing 58

ORDER ADOPTING 55 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge J. Thomas Ray in their entirety as this Court's findings. IT IS THEREFORE ORDERED THAT 42 Defendants' MOTION for Summary Judgment is GRANTED, & this case is DISMISSED, WITH PREJUDICE. The Court CERTIFIES, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order & the accompaying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 8/28/09. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RUBBY JAMES GRAY V. JACK MCCANN, Sheriff of Craighead County, et al. ORDE R 3:08CV00154 JMM/JTR PLAINTIFF DEFENDANTS The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Defendants' Motion for Summary Judgment (docket entry #42) is GRANTED, and this case is DISMISSED, WITH PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 28th day of August, 2009. UNITED STATES DISTRICT JUDGE

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