Nelson v. Glover et al

Filing 19

ORDER ADOPTING 16 PARTIAL REPORT AND RECOMMENDATIONS in their entirety; therefore, pltf's 14 MOTION for Declaratory Judgment, which has been construed as a Motion for Default Judgment is DENIED. Signed by Judge Susan Webber Wright on 4/20/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION HILLIARD NELSON ADC #95169 V. SKIPPY LEEK, Desha County Circuit Court Clerk ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections.1 After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that as plaintiff points out, his motion for declaratory judgment addressed only defendant Glover, not defendant Leek.2 Because the Court dismissed plaintiff's claims against Judge Glover prior to service of the complaint, he is not in default for failure to answer the complaint. IT IS THEREFORE ORDERED that: 1. Plaintiff's Motion for Declaratory Judgment (docket entry #14), which has been construed 5:09CV00396 SWW/JTR DEFENDANT

PLAINTIFF

as a Motion for Default Judgment, is DENIED. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), than an in forma pauperis

appeal from this Order would not be taken in good faith. Dated this 20th day of April, 2010.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

The Court considers plaintiff's reply to the response [docket entry 18] as his objections to the proposed findings and recommendation.
2

1

Defendant Leek filed a response to the motion for declaratory judgment [docket entry 15].