Cobb v. Rudy Turner Medical Clinic

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 13 dismissing case without prejuice for plaintiff's failure to provide a valid service address for the only deft in this action; and certifying that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 2/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALFONSO COBB ADC #110170 V. DR. RUDY TURNER 5:08CV00251 SWW/JTR DEFENDANT

PLAINTIFF

ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Pursuant to Fed. R. Civ. P. 4(m), this case is DISMISSED, WITHOUT PREJUDICE,

due to Plaintiff's failure to provide a valid service address for the only Defendant in this action. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 13th day of February, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE