Ruby v. Hall et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 and dismissing plaintiff's complaint without prejudice; and denying motion for leave to proceed ifp as moot 1 . Signed by Judge William R. Wilson, Jr on 2/22/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RICK R. RUBY V. HALL, et al. ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review of the recommendation, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's Complaint (#2) is DISMISSED WITHOUT PREJUDICE, and his motion for leave to proceed in forma pauperis (#1) is DENIED as moot. In addition, this Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action would be frivolous and not taken in good faith. IT IS SO ORDERED, this 22nd day of February, 2010. CASE NO. 4:10CV00069 WRW/BD DEFENDANTS PLAINTIFF

/s/ Wm. R. Wilson, Jr.____________ UNITED STATES DISTRICT JUDGE