Magness v. Payne et al

Filing 16

ORDER adopting 13 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's amended complaint is DISMISSED WITHOUT PREJUDICE with respect to his retaliation claims, and DISMISSED WITH PREJUDICE in all other respects. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge J. Leon Holmes on 7/10/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOHN W. MAGNESS
ADC #150340
v.

PLAINTIFF

NO. 4:14CV00180 JLH

DEXTER PAYNE, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young, and the objections filed. 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.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s amended complaint is DISMISSED WITHOUT PREJUDICE with respect

to his retaliation claims, and DISMISSED WITH PREJUDICE in all other respects.
2.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 10th day of July, 2014.

UNITED STATES DISTRICT JUDGE