Winston v. Evans et al

Filing 45

ORDER ADOPTING 42 Partial Report and Recommendations and dismissing without prejudice the claims against deft Fred Evans, and certifying that an ifp appeal taken from this order is considered frivolous and not in good faith. Signed by Judge James M. Moody on 1/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ERIC WINSTON ADC #105483 V. FRED EVANS 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. The Court clarifies the disposition to state that the action is dismissed only as to Defendant Fred Evans, the remaining claims and parties remain. IT IS THEREFORE ORDERED THAT: 1. Plaintiff's claims against Defendant Fred Evans are DISMISSED WITHOUT NO: 5:08CV00204 JMM/HDY DEFENDANTS PLAINTIFF

PREJUDICE, and Evans's name is removed as a party Defendant. 2. The Court certifies that an in forma pauperis appeal taken from this order is

considered frivolous and not in good faith DATED this 13th day of January, 2009.

UNITED STATES DISTRICT JUDGE