White v. Arkansas Board of Correction et al

Filing 71

ORDER granting 70 Motion to Dismiss and finding as moot 62 Motion for Summary Judgment. Signed by Chief Judge J. Leon Holmes on 10/2/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION HENRY LAMAR WHITE ADC #106221 V. 5:08CV00032 JLH/JTR DEFENDANTS PLAINTIFF

CO-II CEDRIC FRANKLIN, Varner Unit, Arkansas Department of Correction, et al. ORDER OF DISMISSAL

Plaintiff, who is currently incarcerated at the Varner Supermax Unit of the Arkansas Department of Correction, has filed a Motion seeking permission to voluntarily dismiss this § 1983 action, "with prejudice." See docket entry #70. Defendants have orally informed the Court that they have no objection to Plaintiff's request. IT IS THEREFORE ORDERED THAT: 1. Plaintiff's Voluntary Motion to Dismiss (docket entry #70) is GRANTED, and this

case is DISMISSED, WITH PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith. 3. MOOT. Dated this 2nd day of October, 2008. Plaintiff's Motion for Partial Summary Judgment (docket entry #62) is DENIED, AS

UNITED STATES DISTRICT JUDGE