Nelson Akkub v. Cookley et al

Filing 10

ORDER approving and adopting, in its entirety, 9 Recommendation as this Court's findings in all respects; dismissing, without prejudice, Mr. Akkub's claims; and certifying an in forma pauperis appeal from this Order and accompanying Judgment would be frivolous and not taken in good faith. Signed by Chief Judge Kristine G. Baker on 08/28/2024. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ANTHONY MELATIAH NELSON AKKUB
ADC # 098719
v.

PLAINTIFF

Case No. 4:23-cv-00763-KGB

D. COOKLEY, Cpl., individual,
Cummins Unit, ADC, et al.

DEFENDANTS
ORDER

Before the Court is plaintiff Anthony Melatiah Nelson Akkub’s motion of dismissal of
actions (Dkt. No. 8). Mr. Akkub seeks to voluntarily dismiss his action pursuant to Federal Rule
of Civil Procedure 41(a) (Id., at 1). On October 25, 2023, United States Magistrate Judge Joe J.
Volpe submitted a Recommended Disposition (“Recommendation”) in which he recommends that
this Court grant Mr. Akkub’s motion of dismissal of actions, dismiss this case without prejudice,
and certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal of an Order
adopting the Recommendation and accompanying judgment would not be taken in good faith (Dkt.
No. 9, at 2). Mr. Akkub has not filed any objections, and the time to file objections has passed.
Accordingly, after careful consideration, the Court approves and adopts the Recommendation in
its entirety as this Court’s findings in all respects (Dkt. No. 9). Mr. Akkub’s claims are dismissed
without prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from this Order and accompanying Judgment would be frivolous and not taken in
good faith.
It is so ordered this the 28th day of August, 2024.

_____________________________
Kristine G. Baker
Chief United States District Judge