Davis v. Smith et al
ORDER adopting 44 Proposed Findings as Recommendations as the Court's own; granting 34 Defendants' Motion for Summary Judgment; dismissing Davis's 2 complaint without prejudice; and, certifying that an in forma pauperis appeal taken from this Order and Judgment dismissing this action would be frivolous and not in good faith. Signed by Judge D. P. Marshall Jr. on 10/9/2012. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ADC # 658363
WAYNE SMITH, Warden, Department
of Community Corrections, Texarkana, AR;
RICK HART, Director, Department of
Community Corrections; and DON WEBB,
Warden, Department of Community
Corrections, Little Rock, AR
The Court has considered Magistrate Judge Young’s Proposed Findings
and Recommendations, Document No. 44, and Davis’s objections. Having
reviewed the proposal for clear errors of fact on the face of the record, FED. R.
CIV. P. 72(b) (Advisory Committee notes to 1983 addition), and for legal error,
the Court adopts the proposal as its own.
The Court grants the Defendants’ motion for summary judgment,
Document No. 34. Davis’s complaint is dismissed without prejudice. The
Court certifies that an in forma pauperis appeal taken from this Order and
Judgment dismissing this action would be frivolous and not in good faith.
D.P. Marshall Jr.
United States District Judge
9 October 2012
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