Thurmond v. Byrd et al

Filing 8

ORDER adopting 5 Report and Recommendations in their entirety; therefore, Pltf's complaint against Defts is DISMISSED without prejudice; the Court certifies that an ifp appeal taken from this Order and accompanying Judgment dismissing this action is considered frivolous and not in good faith; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 3/18/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SAM EDWARD THURMOND, SR. v. KARL BYRD, et al. ORDE R The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that plaintiff's complaint against defendants is DISMISSED without prejudice. PLAINTIFF NO. 4:09CV00115JLH/HLJ DEFENDANTS The Court hereby certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal taken from this Order and accompanying Judgment dismissing this action is considered frivolous and not in good faith. An appropriate Judgment shall accompany this Order. IT IS SO ORDERED this 18th day of March, 2009. ___________________________________ UNITED STATES DISTRICT JUDGE

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