Butler v. May et al

Filing 99

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MICHAEL BUTLER V. PLAINTIFF NO: 5:11CV00012 KGB LARRY MAY 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 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 respects. IT IS THEREFORE ORDERED THAT: 1. Defendants’ oral motion to dismiss is GRANTED, and plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. 2. 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. 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. SO ORDERED this 1st day of February, 2013. Kristine G. Baker United States District Judge

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