Thurmond v. Elkins et al
Filing
44
ORDER approving and adopting 34 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice Plaintiff's claims against Defendants Ryan M. Britton and Sara E. Ault for failure to state a claim upon which relief may be granted; and certifying an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/13/2017. (cmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SAM EDWARD THURMOND, SR.
ADC #127149
V.
PLAINTIFF
CASE NO. 4:17CV00314 JM
DELLWYN ELKINS, et al.
DEFENDANTS
ORDER
The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney. After a careful review of Mr. Thurmond’s timely
objections, and upon a de novo review of the record, the Court concludes that the Proposed
Findings and Recommendations 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 claims against Defendants Ryan M. Britton and Sarah E. Ault be
DISMISSED without prejudice for failure to state a claim upon which relief may be granted.
2.
The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from any Order adopting this Recommendation would not be taken in good faith.
IT IS SO ORDERED this 13th day of November, 2017.
___________________________________
UNITED STATES DISTRICT JUDGE
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