Webb v. White et al

Filing 86

ORDER adopting 84 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITH PREJUDICE with respect to his claims of excessive force used on 5/26/09, and WITHOUT PREJUDICE in all other respects; all pending motions are DENIED AS MOOT 80 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 2/16/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BRIAN WEBB ADC #141031 V. DAVID WHITE et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. Plaintiff's complaint is DISMISSED WITH PREJUDICE with respect to his claims NO. 5:09CV00215 JLH DEFENDANTS PLAINTIFF

of excessive force used on May 26, 2009, and WITHOUT PREJUDICE in all other respects. 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 16th day of February, 2010.

UNITED STATES DISTRICT JUDGE