Smith et al v. Barnes

Filing 14

ORDER adopting 9 Proposed Findings and Recommendations in their entirety; dismissing plaintiffs' complaint for failure to state a claim; and certifying that an in forma pauperis appeal taken from this order and accompanying judgment is considered frivolous and not in good faith. Signed by Judge Brian S. Miller on 12/22/2009. (thd)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DENNIS JAMES SMITH, SR., ADC #120631 v. 5:09CV00307BSM/HLJ DEFENDANTS PLAINTIFF

GEORGE EDWARD BARNES, SR., et al. ORDER

The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that pursuant to 28 U.S.C. §1915A(b)(1), plaintiffs' complaint against defendant is DISMISSED for failure to state a claim. The Court hereby certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal taken from this order and the accompanying judgment dismissing this action is considered frivolous and not in good faith. An appropriate judgment shall accompany this order. IT IS SO ORDERED this 22nd day of December, 2009.

__________________________________ UNITED STATES DISTRICT JUDGE