Erwin v. Trout et al

Filing 71

ORDER & JUDGMENT granting 70 Motion to Dismiss due to settlement. It is considered, ordered, and adjudged that this case is dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Judgment and corresponding Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 9/13/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DAVID DOYLE ERWIN PLAINTIFF v. 3:15CV00110-JM-JJV GREG TROUT, Captain, Paragould Police Department; et al. DEFENDANTS ORDER & JUDGMENT Before the Court is Defendants’ Motion to Dismiss Due to Settlement. (Doc. No. 70.) Defendants state, “The parties have reached a full and final settlement of all claims in the abovecaptioned case. A condition of the settlement is that the Plaintiff dismisses with prejudice his claims against all defendants in this matter.” (Id.) Defendants note that Plaintiff filed this action pro se, so the Court has waited to rule on this Motion until the time to respond has elapsed. Having received no response from Plaintiff and for good cause shown, the Motion to Dismiss Due to Settlement (Doc. No. 70) is GRANTED. Consistent with this Order, it is CONSIDERED, ORDERED, and ADJUDGED that this case is DISMISSED with prejudice. The Court certifies, pursuant to 28 U.S.C. ' 1915(a)(3), that any in forma pauperis appeal from this Judgment and the corresponding Order would not be taken in good faith. DATED this 13th day of September, 2017. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE

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