Jackson v. Austin et al

Filing 7

ORDER ADOPTING 3 Report and Recommendations in their entirety; therefore, pltf's claims are DISMISSED WITHOUT PREJUDICE; denying as moot pltf's 1 Motion for Leave to Proceed in forma pauperis; pltf's 5 Motion for Appointment of Counsel is denied; the Court certifies that an appeal of this matter would be frivolous and not taken in good faith; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 4/14/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DARRYL JACKSON ADC #76647 V. M. AUSTIN, et al. ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE. In addition, Plaintiff's Application for Leave to Proceed In Forma Pauperis is DENIED [doc.#1] as moot. Finally, Plaintiff's motion for the appointment of counsel is DENIED [doc.#5]. The Court certifies that an appeal of this matter would be frivolous and not taken in good faith. IT IS SO ORDERED, this 14th day of April 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE CASE NO.: 5:10CV000078 SWW/BD DEFENDANTS PLAINTIFF