Askew v. Hobbs et al

Filing 81

ORDER ADOPTING 78 Report and Recommendations and dismissing complaint with prejudice for failure to introduce suffucient evidence to create a fact issue to be submitted to a jury, denying all motions as moot 73 70 and certifying that an ifp appeal would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 10/20/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BRANDON M. ASKEW ADC #128557 V. RAY HOBBS et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE for failure to introduce 5:07CV00251-WRW DEFENDANTS PLAINTIFF sufficient evidence to create a fact issue to be submitted to a jury. 2. 3. All pending motions are 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. DATED this 20th day of October, 2008. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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