Campbell v. Stout et al

Filing 28

ORDER adopting 24 Report and Recommendations in their entirety; therefore, this case is DISMISSED WITH PREJUDICE; the requested relief is denied and any pending motions are denied as moot 22 27 ; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 11/19/10. (vjt)

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Campbell v. Stout et al Doc. 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SHALONDA CAMPBELL, ADC #710039 Plaintiff, vs. CARL STOUT, Major, Hawkins Unit, Arkansas Department of Corrections; et al., Defendants. * * * * * * * * * ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.1 IT IS THEREFORE ORDERED that Ms. Campbell's Complaint is DISMISSED with prejudice. The requested relief is denied and any pending motions are denied as moot. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from the Judgment and this Order adopting the recommendations would not be taken in good faith. DATED this 19th day of November, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE No. 4:10-cv-01090-SWW-JJV After the Magistrate Judge entered his Proposed Findings and Recommended Disposition, plaintiff filed a motion for relief [doc.#27], essentially stating that a fellow inmate, Teresa Crockett, has filed lawsuits in her name, including the case at bar, and requests "money back on my books for all court fees." Plaintiff has filed with her motion what purports to be an affidavit from Crockett admitting she filed lawsuits in plaintiff's name. This "affidavit" lists Crockett's inmate number as 710038, a difference of one digit from plaintiff's inmate number of 710039, and the Arkansas Department of Correction's web site does not list an inmate by the name of Teresa Crockett or an inmate with an inmate number of 710038. Plaintiff's motion for relief has no factual support and accordingly is denied. 1

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