Rose v. Does et al
ORDER adopting 28 Proposed Findings and Recommended Disposition. Defendant Andrew Harris's 24 Motion for Judgment is granted. Plaintiff's complaint is dismissed with prejudice with respect to his claims against Harris, and dismissed without prejudice in all other respects. It is further certified 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 Chief Judge Brian S. Miller on 12/24/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CASE NO: 3:14CV00036 BSM
DOES et al.
The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young have been received, along with the objections thereto.
After carefully considering the objections and making a de novo review of the record, the
following becomes clear: the Magistrate Judge graciously gave plaintiff Gregory Rose’s
complaint much more credence than it deserves. This is so because the complaint, as well
as Rose’s grievance that forms the basis of this action, appear to be nothing more than
intentional attempts to waste time and resources. Nothing in the record indicates that the
defendant ever tried to force religion on Rose; rather, the defendant tried to tell Rose that he
could still be a role model if he turned his life around. While Rose repeatedly refrains that
the defendant’s function as a guard is not to talk about religion, it should also be noted that
Rose’s function as an inmate is not to file clearly frivolous lawsuits.
Accordingly, the proposed findings and recommended disposition are hereby adopted
in their entirety, in all respects.
IT IS THEREFORE ORDERED THAT:
Defendant Andrew Harris’s motion for judgment on the pleadings [Doc. No.
24] is granted.
Plaintiff’s complaint is dismissed with prejudice with respect to his claims
against Harris, and dismissed without prejudice in all other respects.
It is further certified 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 24th day of December 2014.
UNITED STATES DISTRICT JUDGE
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