Johnson v. Adams et al

Filing 99

ORDER denying 91 Motion for Leave to Appeal in forma pauperis; Adopting 94 Partial Report and Recommendations. IT IS FURTHER ORDERED that, plaintiffs motion to dismiss his appeal pursuant to Federal Rule of Appellate Procedure 42(a) is granted. Signed by Judge Jimm Larry Hendren on 7/21/10. (dac)

Johnson v. Adams et al

Doc. 99

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION VINCENT SHARNEE JOHNSON v. Civil No. 09-00002 PLAINTIFF

EDWARD EARL ADAMS, Acting Chief, W.C. Dub Brassell Detention Center; and RANDY MORGAN, Jail Administrator, Pulaski County Jail; ORDER

DEFENDANTS

N O W on this 21st day of July 2010, comes on for consideration t h e Report and Recommendation of the Magistrate Judge (document # 9 4 ) , filed on June 28, 2010; and the Plaintiff's Objections to M a g i s t r a t e ' s Report and Recommendation (document #97), filed on J u l y 8, 2010. The Court, being well and sufficiently advised,

f i n d s as follows:

1.

Plaintiff's

objections

offer

neither

law

nor

fact

r eq ui r i n g departure from the Report and Recommendation and the same s ho ul d be and hereby are overruled. 2. Ho w e v e r , the plaintiff, in his objections, states his

i nt en t i o n to "dismiss his premature notice of appeal" pursuant to F ed er a l Rule of Appellate Procedure 42(a). The Court will construe

t hi s request as a motion to dismiss under Rule 42(a) and, will grant t he motion. appeal. The Clerk is therefore directed to dismiss plaintiffs'

IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (document #94) is adopted to the extent that the motion for leave to appeal IFP is denied as not being taken in

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good faith.

28 U.S.C. § 1915(a)(3).

IT IS FURTHER ORDERED that, plaintiffs' motion to dismiss his appeal pursuant to Federal Rule of Appellate Procedure 42(a) is granted. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT COURT

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