Russell v. Silas et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS 33 and dismissing plaintiff's complaint without prejudice for failure to comply with a court order; denying all pending motions as moot; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 5/11/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CARLTON RUSSELL ADC #133867 v. PLAINTIFF CASE NO. 4:10-cv-00268 BSM/HDY MICHAEL SALAS, et al. DEFENDANTS ORDER The proposed findings and recommended disposition [Doc. No. 33] submitted by United States Magistrate Judge H. David Young have been received. There have been no objections. After carefully considering these 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 complaint is DISMISSED WITHOUT PREJUDICE for failure to comply with a court order. 2. All pending motions are DENIED AS MOOT. 1. An in forma pauperis appeal taken from the order and judgment dismissing this action would be considered frivolous and not in good faith. IT IS SO ORDERED this 11th day of May, 2011. UNITED STATES DISTRICT JUDGE

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