Thornton v. Harmon et al

Filing 53

ORDER ADOPTING 43 Partial Report and Recommendations and dismissing defendant Kendra Mayo without prejudice due to a lack of service; and certifying that an ifp appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 12/16/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BILLY THORNTON, JR. ADC #89174 V. GREG HARMON, Warden, East Arkansas Regional Unit, ADC ORDER The court has reviewed the proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the court concludes that the proposed findings and recommended partial 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), defendant Kendra Mayo is DISMISSED, 5:09CV00110 BSM/JTR DEFENDANTS PLAINTIFF WITHOUT PREJUDICE, due to a lack of service. 2. The court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this order would not be taken in good faith. Dated this 16th day of December, 2009. UNITED STATES DISTRICT JUDGE

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