Clark v. Hustafer et al

Filing 40

ORDER ADOPTING 36 Proposed Findings and Recommended Disposition. Plaintiff's 27 Motion for Summary Judgment is denied without prejudice. Defendants' 34 Motion to Strike is denied as moot. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 05/15/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DAVID M. CLARK,
ADC #9300765
V.

PLAINTIFF
3:13CV00012 SWW/JTR

TOMMY HUSTAFER, Jailer,
Greene County Detention Center, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray. No objections have been
filed.1 After careful review, the Court concludes that the Proposed Findings and
Recommended Partial 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.

Plaintiff’s Motion for Summary Judgment (Doc. #27) is DENIED,

WITHOUT PREJUDICE.
2.

Defendants’ Motion to Strike (Doc. #34) is DENIED, AS MOOT.

3.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in

1

Mail to the plaintiff was returned to the Clerk of the Court, marked “Refused Unable to Forward.”
It is the duty of any party proceeding pro se to promptly notify the Clerk of any change in his address. See
Local Rule 5.5(c)(2)

forma pauperis appeal from this Order would not be taken in good faith.
Dated this 15th day of May, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE