Morrow v. Arkansas Department of Correction et al

Filing 30

Order approving and adopting in their entirety the 21 Proposed Findings and Recommended Disposition; dismissing Plaintiff's complaint without prejudice with respect to his claims against the Doe rider, Doe guards, and Doe nurse; dismissing wit h prejudice with respect to his claims against all other Defendants; and, denying all pending motions. An informa pauperis appeal take from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 5/2/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BERRY ISAAC MORROW
ADC #143825
V.

PLAINTIFF

NO: 5:10CV00286 JMM

ARKANSAS DEPARTMENT
OF CORRECTION et al.

DEFENDANTS
ORDER

The court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge H. David Young. No objections have been filed1. 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 WITHOUT PREJUDICE with respect to his

claims against the Doe rider, Doe guards, and Doe nurse; and DISMISSED WITH PREJUDICE with
respect to his claims against all other Defendants.
2.

All pending motions are DENIED.

3.

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.

1

Plaintiff was granted two extensions of time in which to file his objections. In the
Court’s Order granting Plaintiff’s second motion for extension of time, the Court cautioned
Plaintiff that no further extensions would be granted. Plaintiff failed to file timely objections and
instead filed a third motion for extension of time, (DE 29). This motion is denied. Plaintiff
claims that he does not have adequate supplies and resources to respond to the Proposed Findings
and Recommended Disposition. Plaintiff appears to have adequate resources as he has been able
to file three (3) motions for extension of time during the same time period.

DATED this 2nd day of May, 2011.

UNITED STATES DISTRICT JUDGE