Madden v. Norris et al

Filing 5

ORDER adopting 3 Recommended Disposition in its entirety; therefore, pltf's case is DISMISSED WITHOUT PREJUDICE and his 1 Motion for Leave to Proceed in forma pauperis is DENIED; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 11/10/09. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LEE MADDEN ADC # 136534 v. No. 5:09CV00288 JLH-JJV PLAINTIFF

LARRY NORRIS, Director, Arkansas Department of Correction; HUNTER, Ms., Nurse, Varner Unit, Arkansas Department of Correction; WHITE, Ms., Sgt., Varner Unit, Arkansas Department of Correction; JACKSON, Corporal, Varner Unit, Arkansas Department of Correction; COMRADE, Sgt., Varner Unit, Arkansas Department of Correction; STATE OF ARKANSAS; JEFFERSON COUNTY; CITY OF GRADY; VARNER UNIT, Lincoln County, Arkansas ORDER

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. 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 case is DISMISSED WITHOUT PREJUDICE and his Motion for Leave to Appeal

In Forma Pauperis is DENIED. Should Plaintiff, within ten (10) days of the date of entry of this Order, submit the statutory filing fee of $350.00 to the Clerk of the Court, noting the case style and number, his case may be re-opened. All pending motions are DENIED as moot. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal

from any Order adopting these recommendations would not be taken in good faith. DATED this 10th day of November, 2009.

UNITED STATES DISTRICT JUDGE