Ashford v. Johnson et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS 40 and granting 35 Motion to Dismiss/Lack of Prosecution filed by defendants; dismissing case with prejudice; denying all pending motions as moot; and certifying that an ifp appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 12/16/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CHARLES ASHFORD ADC #133975 V. RODERICK JOHNSON et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully NO: 5:09CV00023 JMM DEFENDANTS PLAINTIFF

considering the objections and making a de novo review of the record in this case, 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 to dismiss (docket entry #35) is GRANTED, and Plaintiff's

complaint is DISMISSED WITH PREJUDICE for failure to prosecute. 2. 3. All pending motions are DENIED AS MOOT. 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 16 day of December, 2009.

UNITED STATES DISTRICT JUDGE