Rushing v. Lowe et al

Filing 45

JUDGMENT re 44 Order Dismissing Case without prejudice and certifying that an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 5/24/11. (kpr)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RICKEY LEE RUSHING v. PLAINTIFF CASE NO. 5:10cv00245 BSM/JTR JOHN LOWE, Warden, Diagnostic Unit et al. DEFENDANTS JUDGMENT Consistent with the order of dismissal that was entered today, it is CONSIDERED, ORDERED, and ADJUDGED that, pursuant to Local Rule 5.5(c)(2), this case is DISMISSED, WITHOUT PREJUDICE, due to plaintiff’s failure to timely and properly comply with the April 19, 2011 order. Further, it is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this judgment and the accompanying order of dismissal would not be taken in good faith. DATED this 24th day of May, 2011. ________________________________ UNITED STATES DISTRICT JUDGE

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