Howerton v. Cawley et al

Filing 27

ORDER adopting 25 Report and Recommendations in their entirety. Plaintiff's complaint is dismissed without prejudice for failure to prosecute, failure to comply with Local Rule 5.5(c)(2), and failure to respond to the Court's order. Def endants' 21 Motion to Compel is denied as moot. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge J. Leon Holmes on 4/22/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
EDWARD D. HOWERTON
v.

PLAINTIFF
NO. 3:13CV00199 JLH

JOHN CAWLEY, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young. 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.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE for failure to

prosecute, failure to comply with Local Rule 5.5(c)(2), and failure to respond to the Court’s order.
2.

Defendants’ motion to compel (docket entry #21) is DENIED AS MOOT.

3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 22nd day of April, 2014.

UNITED STATES DISTRICT JUDGE