Jackson v. Porter et al

Filing 31

ORDER ADOPTING 29 Partial Report and Recommendations granting 23 Motion to Dismiss filed by Shelly Byers and dismissing plaintiff's claims against deft Byers. Signed by Judge Brian S. Miller on 3/2/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENNETH EUGENE JACKSON ADC #134048 V. JOHN E. PORTER 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. The motion to dismiss filed by Defendant Shelly Byers (docket entry #23) is NO: 5:08CV00261 BSM/HDY DEFENDANTS PLAINTIFF GRANTED, plaintiff's claims against Byers are DISMISSED, and her name is removed as a party defendant. 2. The court certifies that an in forma pauperis appeal taken from the order dismissing defendant Byers is considered frivolous and not in good faith. DATED this 2nd day of March, 2009. UNITED STATES DISTRICT JUDGE

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