Burgie v. Evans et al

Filing 60

ORDER adopting 54 the Proposed Findings and Recommended Disposition in their entirety in all respects. Plaintiff's 2 Complaint is DISMISSED WITH PREJUDICE for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury. It is further certified 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 Brian S. Miller on 4/11/2012. (kdr) (Docket text modified on 4/11/2012 to correct typographical error.) (thd).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ERIC C. BURGIE, ADC #120956
v.

PLAINTIFF

CASE NO. 5:11CV00141 BSM/HDY

MARVIN EVANS, JR. et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition [Doc. No. 54] submitted by
United States Magistrate Judge H. David Young and the filed objections have been reviewed.
After carefully considering these documents and making a de novo review of the record, it
is concluded that the proposed findings and recommended disposition should be, and hereby
are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE for failure to

introduce sufficient evidence to create a fact issue to be submitted to a jury.
2.

It is further certified that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
Dated this 11th day of April 2012.
________________________________
UNITED STATES DISTRICT JUDGE