Sweigart v. Brown

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 and dismissing complaint without prejudice and certifying that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Brian S. Miller on 8/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION NEIL D. SWEIGART #2145-09 V. M. BROWN ORDE R The court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. 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: 1. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE for failure to comply 4:09CV00401 BSM DEFENDANT PLAINTIFF

with Local Rule 5.5(c)(2), and for failure to respond to the court's order. 2. The court certifies 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 13th day of August, 2009.

UNITED STATES DISTRICT JUDGE