Roberts v. Norris et al

Filing 67

ORDER ADOPTING 60 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED WITH PREJUDICE as to his claims against Wendy Kelley and Nnamdi Ifediora, and all other claims are DISMISSED WITHOUT PREJUDICE; all pending motions are DENIED AS MOOT 58 ; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 4/4/11. (vjt) (Additional attachment(s) added on 4/4/2011: ) # 1 Main Document - Correct) (thd).

Roberts v. Norris et al

Doc. 67 Att. 1

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BRUNSON ROBERTS ADC #127841 V. LARRY NORRIS et al. NO: 5:10CV00063 SWW DEFENDANTS PLAINTIFF

ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, 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

against Wendy Kelley and Nnamdi Ifediora for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury, and DISMISSED WITHOUT PREJUDICE with respect to all his other claims. 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 4th day of April, 2011.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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