Hayes v. Byrd et al

Filing 61

ORDER adopting Magistrate Judge J. Thomas Ray's proposed findings and recommended disposition; and dismissing Plaintiff's claims, with prejudice. Signed by Judge Brian S. Miller on 9/9/11. (hph)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION TERRANCE HAYES v. PLAINTIFF CASE NO. 4:10CV00202 BSM/JTR KARL BYRD, Sheriff, Faulkner County et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray have been reviewed. No objections were filed. After carefully considering this documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s claims are DISMISSED, WITH PREJUDICE, for plaintiff’s failure to appear at the August 11, 2011, evidentiary hearing and failure to prosecute his case. 2. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith. Dated this 9th day of September 2011. UNITED STATES DISTRICT JUDGE

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