Foster v. Eichler

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 ; granting 10 Motion to Dismiss for Failure to State a Claim; pltf's complaint is dismissed without prejudice; pltf's motion for settlement 14 is denied as moot; 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 Billy Roy Wilson on 4/20/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LARRY IRWIN FOSTER, JR.
ADC #158728
V.

PLAINTIFF

NO: 4:15CV00002 BRW

TIFFANY EICHLER

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Jerry W. Cavaneau. No objections have been filed. After careful
consideration, 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.

Defendant’s motion to dismiss (docket entry #10) is GRANTED, and Plaintiff’s

complaint is DISMISSED WITHOUT PREJUDICE.
2.

Plaintiff’s motion for settlement (docket entry #14) is DENIED AS MOOT.

3.

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 20th day of April, 2015.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE