Warren et al v. Byrd et al

Filing 16

ORDER ADOPTING 12 Report and Recommendations and dismissing plaintiff's 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 G. Thomas Eisele on 12/11/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION RANDELL WARREN et al. V. KARL BYRD et al. 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. Plaintiffs' complaint is DISMISSED WITHOUT PREJUDICE for failure to comply NO: 4:09CV00722 GTE DEFENDANTS PLAINTIFFS with Local Rule 5.5(c)(2) and for failure to respond to the Court's orders. 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 11th day of December, 2009. /s/ Garnett Thomas Eisele UNITED STATES DISTRICT JUDGE

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