Caldwell v. Harris et al

Filing 127

ORDER ADOPTING REPORT AND RECOMMENDATIONS 123 and granting 99 Motion for Summary Judgment filed by Correctional Medical Services. The case is dismissed with prejudice and the Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 12/1/10. (bkp)

Caldwell v. Harris et al

Doc. 127

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN CALDWELL ADC #90188 V. 5:09CV00129 JMM/JTR DEFENDANTS

PLAINTIFF

CORRECTIONAL MEDICAL SERVICES, INC.

ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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. Defendant CMS's Motion for Summary Judgment (docket entry #99) is GRANTED,

and this case is DISMISSED, WITH PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 1st day of December, 2010.

UNITED STATES DISTRICT JUDGE

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