Russell v. Manning

Filing 54

ORDER adopting the proposed findings and recommended disposition; granting 36 Defendants' motion for summary judgment; dismissing Plaintiff's complaint without prejudice; denying as moot 48 and 49 Plaintiff's motions; and certifying that an in forma pauperis appeal taken from this order and accompanying judgment is considered frivolous and not in good faith. Signed by Judge Brian S. Miller on 4/2/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ISAAC RUSSELL,
ADC #132326
v.

PLAINTIFF

CASE NO. 5:11CV00158 BSM/HDY

LARRY MANNING

DEFENDANT
ORDER

The proposed findings and recommended disposition 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 partial disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendants’ motion for summary judgment [Doc. No. 36] be GRANTED, and

Plaintiff’s complaint be DISMISSED WITHOUT PREJUDICE.
2.

Plaintiff’s motion for an extension of time [Doc. No. 48] and his motion to

compel [Doc. No. 49] be DENIED AS MOOT.
3.

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

accompanying judgment is considered frivolous and not in good faith.
Dated this 2nd day of April 2012.

________________________________
UNITED STATES DISTRICT JUDGE