Maxwell v. Byrd et al

Filing 53

ORDER ADOPTING 52 Report and Recommendations in thier entirety; therefore, this cause of action is DISMISSED WITHOUT PREJUDICE; all pending motions 46 are DENIED AS MOOT. Signed by Judge Susan Webber Wright on 9/14/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ADRIAN JERARD MAXWELL, ADC# 124453, Plaintiff, v. * * * * * * * * KARL BYRD, Sheriff, Faulkner County; et al., Defendants. No. 4:10-cv-00903-SWW-JJV ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Partial 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. This cause of action is DISMISSED without prejudice. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an Order adopting these recommendation and the accompanying Judgment would not be taken in good faith. 3. All pending motions are DENIED as moot. SO ORDERED this 14th day of September, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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