Natt v. Tate et al

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATIONS 62 and dismissing plaintiff's complaint without prejudice with respect to defts Donald Tate, Gaylon Lay, Larry Norris, Jrod Price, Danny Burl, and Darren Dill; dismissing plaintiff's complaint with prejudice with respect to defts Eddie Knight and Climestene Owens; and certifying that an ifp appeal taken from this order would not be taken in good faith. Signed by Judge James M. Moody on 10/12/10. (bkp)

Natt v. Tate et al

Doc. 64

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LaWAYNE NATT ADC #119599 V. DONALD TATE 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 for failure to introduce sufficient evidence to NO: 5:09CV00374 JMM DEFENDANTS PLAINTIFF

create a fact issue to be submitted to a jury. 2. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE with respect to

Defendants Donald Tate, Gaylon Lay, Larry Norris, Jrod Price, Danny Burl, and Darren Dill. 3. Plaintiff's complaint is DISMISSED WITH PREJUDICE with respect to Defendants

Eddie Knight and Climestene Owens. 4. 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 12th day of October, 2010.

UNITED STATES DISTRICT JUDGE

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