Jones v. Arkansas Department of Correction et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 35 Motion for Summary Judgment, dismissing plaintiff's complaint with prejudice and certifying that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous. Signed by Judge Brian S. Miller on 4/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY WAYNE JONES ADC #70147 V. ARKANSAS DEPARTMENT OF CORRECTION et al. ORDE R The court has reviewed the Proposed Findings and Partial 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 Partial 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. Defendants' motion for summary judgment (docket entry #35) is GRANTED, and NO: 5:08CV00195 BSM DEFENDANTS PLAINTIFF

plaintiff's complaint is DISMISSED WITH PREJUDICE. 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 13th day of April, 2009. UNITED STATES DISTRICT JUDGE