Marbley v. Scott et al

Filing 36

ORDER adopting 34 Report and Recommendations in their entirety; therefore, Defts' 29 Motion for Summary Judgment is GRANTED, and Pltf's complaint is DISMISSED WITH PREJUDICE; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 12/3/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION NATHAN D. MARBLEY ADC #110466 V. ROBERT SCOTT et al. NO: 5:08CV00266 SWW DEFENDANTS PLAINTIFF

ORDER The Court has reviewed the Proposed Findings and 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 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 #29) is GRANTED, and

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 3rd day of December, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE