James v. Huffman et al

Filing 69

ORDER ADOPTING 67 Report and Recommendation in their entirety as this Court's findings in all respects; granting 52 Motion for Summary Judgment filed by Karl Byrd, Huffman; Pltf's Complaint is DISMISSED; the Court furthr certifies, pursuant to 28 USC 1915(a)(3), that an ifp appeal from this Order and Judgment would not be taken in good faith. Signed by Judge James M. Moody on 11/23/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION LEROY D. JAMES ADC # 112786 V. 4:08-cv-04119-JMM-JJV

PLAINTIFF

HUFFMAN, Officer, Faulkner County Detention Center; and KARL BYRD, Sheriff, Faulkner County Detention Center ORDER

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. 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 Defendants' Motion for Summary Judgment (Doc. No. 52) is GRANTED and Plaintiff's Complaint is DISMISSED. The Court FURTHER CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and Judgment would not be taken in good faith. DATED this 23rd day of November, 2009.

UNITED STATES DISTRICT JUDGE