Noble

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS and 21 15 Dismissing the complaint without prejudice and certifying that an ifp appeal from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 9/10/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEONARD NOBLE ADC #84701 V. BRIAN LEVENGOOD 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: 5:09CV00206 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 #15) is GRANTED, and Plaintiff's

complaint is DISMISSED WITHOUT PREJUDICE. 2. The Court CERTIFIES that an in forma pauperis appeal from the order and judgment

dismissing this action is considered frivolous and not in good faith. 3. All pending motions are DENIED AS MOOT.

DATED this 10th day of September, 2009.

UNITED STATES DISTRICT JUDGE