Thomas v. Byrd et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 9 dismissing complaint without prejudice and certifying that an ifp appeal taken from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 3/9/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANTHONY THOMAS, JR. V. 4:09CV00020 JMM/JTR DEFENDANTS PLAINTIFF

KARL BYRD, Sheriff, Faulkner County Detention Center, et al.

ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, this case is

DISMISSED, WITHOUT PREJUDICE. 2 The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 9th day of March, 2009.

___________________________________ UNITED STATES DISTRICT JUDGE