Fudge v. Brantley et al

Filing 81

ORDER ADOPTING REPORT AND RECOMMENDATIONS 79 and dismissing plaintiff's complaint without prejudice for failure to comply with Local Rule 5.5(c)(2); and certifying that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge William R. Wilson, Jr on 10/27/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES C. FUDGE PLAINTIFF ADC #78875 V. JUDITH BRANTLEY et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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 WITHOUT PREJUDICE for failure to comply 5:07CV00280 WRW DEFENDANTS with Local Rule 5.5(c)(2) and for failure to respond to the Court's order. 2. 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 27th day of October, 2009. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

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