Pitman et al v. Engstrom et al

Filing 44

ORDER ADOPTING 34 Partial Report and Recommendations and denying pltf's motion for reconsideration 32 , denying pltf's motion to appoint counsel 31 and denying motion for an emergency appointment of a mental health expert 33 , and certifying that an ifp appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge Brian S. Miller on 12/9/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CURTIS PITMAN ADC # 119869 V. 5:08CV00198 BSM/HDY PLAINTIFF EDWARD ENGSTROM, Doctor, Maximum Security Unit, Arkansas Department of Correction; FRAZIER, Lt., Maximum Security Unit, Arkansas Department of Correction; BAKER, Captain, Maximum Security Unit, Arkansas Department of Correction; THOMAS, Sgt., Maximum Security Unit, Arkansas Department of Correction; and A. BURTON, CO-II, Maximum Security Unit, Arkansas Department of Correction; Aquita Jones, Maximum Security Unit, Arkansas Department of Correction ORDER DEFENDANTS The court has reviewed the proposed findings and recommended partial disposition submitted by United States Magistrate Judge H. David Young and plaintiff's objections. After carefully considering plaintiff's objections and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended partial 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 Smith's Motion for Reconsideration (Doc. No. 32) is DENIED; and 2. Plaintiff's Smith's Motion to Appoint Counsel (Doc. No. 31) and Motion for an 1 Emergency Appointment of a Mental Heath Expert (Doc. No. 33) are DENIED. 3. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. DATED this 9th day of December, 2008. UNITED STATES DISTRICT JUDGE 2

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