Elps et al v. Lewis et al
ORDER ADOPTING 12 Report and Recommendations in their entirety; therefore, 9 Motion to Withdraw is DENIED, as improperly filed; pltf's 6 Motion to Voluntarily Dismiss is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE; pltf's 1 Motion to Proceed ifp and 4 Motion for Appointment of Counsel are DISMISSED AS MOOT; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 8/9/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TOMMY RAY ELPS, JR,
No. 5:11CV00165 JLH/JTR
JACKIE LEWIS, Program Director,
Dermott Juvenile Treatment Facility, et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful
review, 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:
The Motion to Withdraw (docket entry #9) is DENIED, as improperly filed.
Elps’ Motion to Voluntarily Dismiss (docket entry #6) is GRANTED, and this case
is DISMISSED WITHOUT PREJUDICE.
Elps’ Application to Proceed In Forma Pauperis (docket entry #1) and his Motion
for Appointment of Counsel (docket entry #4) are DISMISSED AS MOOT.
The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order and the accompanying Judgment would not be taken in good faith.
Dated this 9th day of August, 2011.
UNITED STATES DISTRICT JUDGE
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