Cherry v. Higgins et al

Filing 49

ORDER approving and adopting 46 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; dismissing, without prejudice, 2 Complaint and 6 Amended Complaint; denying as moot 34 Motion for Summary Judgment; instructing the Clerk to close this case; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 9/25/2024. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHARLES CHERRY
#169745
v.

PLAINTIFF
No. 4:24-CV-00172-LPR

ERIC HIGGINS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended Disposition (RD) submitted by United States
Magistrate Judge Edie R. Ervin (Doc. 46). No objections have been filed, and the time for doing
so has expired. After a de novo review of the RD, along with careful consideration of the entire
case record, the Court hereby approves and adopts the RD in its entirety as this Court’s findings
and conclusions in all respects.
Accordingly, Plaintiff’s Complaint (Doc. 2) and Amended Complaint (Doc. 6) are
DISMISSED without prejudice for failure to prosecute this lawsuit for the various reasons set out
in paragraph 1 of the RD’s conclusion. Defendants’ Motion for Summary Judgment (Doc. 34) is
DENIED as moot. The Clerk is instructed to close this case. The Court certifies, pursuant to 28
U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order or the accompanying
Judgment would not be taken in good faith.
IT IS SO ORDERED this 25th day of September 2024.
_______________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE