Proctor v. Manus et al

Filing 51

ORDER ADOPTING 46 Report and Recommendations in their entirety; therefore, defts' 25 Motion to Dismiss is GRANTED and pltf's complaint is DISMISSED WITH PREJUDICE; pltf's 48 Motion to Waive his jury demand is moot. Signed by Judge James M. Moody on 12/14/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRANCE PROCTOR ADC #87410 V. PLAINTIFF NO: 5:10CV00318 JMM RANDALL E. MANUS et al. DEFENDANTS 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. Defendants’ motion for summary judgment (docket entry #25) is GRANTED and Plaintiff’s complaint is DISMISSED WITH PREJUDICE. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order or any judgment entered hereunder, would not be taken in good faith. 3. Plaintiff’s Motion to Waive his jury demand (Docket # 48) is MOOT. DATED this 14th day of December, 2011. UNITED STATES DISTRICT JUDGE

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