Thurmond v. Elkins et al

Filing 99

ORDER approving and adopting in their entirety 98 Proposed Findings and Recommendations as this Court's findings in all respects; dismissing without prejudice Plaintiff's 42 U.S.C. § 1983 claims; denying as moot 85 Defendants' ; motion for summary judgment; dismissing without prejudice Plaintiff's state law claims; dismissing without prejudice Plaintiff's complaint; and certifying that an in forma pauperis appeal from any Order adopting this Recommendation and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 4/4/2019. (ljb)

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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. No objections have been filed. After careful consideration, 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 42 U.S.C. § 1983 claims are DISMISSED without prejudice. 2. Defendants’ motion for summary judgment (Doc. No. 85) is DENIED as MOOT. 3. Plaintiff’s state law claims are DISMISSED without prejudice. 4. Plaintiff’s complaint is DISMISSED without prejudice. 5. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommendation and the accompanying Judgment  would not be taken in good faith. IT IS SO ORDERED this 4th day of April, 2019. ___________________________________ UNITED STATES DISTRICT JUDGE

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