Butler v. May et al
ORDER approving and adopting in their entirety as this Court's findings in all respects 97 Report and Recommendations; granting defendants' oral motion to dismiss, and dismissing plaintiff's 1 complaint without prejudice. The Court certifies that an informa pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 2/1/2013. (dmn)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
NO: 5:11CV00012 KGB
LARRY MAY et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young. No objections have been filed. 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
IT IS THEREFORE ORDERED THAT:
Defendants’ oral motion to dismiss is GRANTED, and plaintiff’s complaint is
DISMISSED WITHOUT PREJUDICE.
This case will not be reopened until plaintiff has reimbursed defendants and the
Arkansas Department of Correction for any expenses they incurred as a result of their hearing
attendance and transportation of witnesses for the scheduled September 18, 2012, hearing.
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.
SO ORDERED this 1st day of February, 2013.
Kristine G. Baker
United States District Judge
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