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)

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