Elps et al v. Lewis et al

Filing 14

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TOMMY RAY ELPS, JR, ADC #144914 v. PLAINTIFF No. 5:11CV00165 JLH/JTR JACKIE LEWIS, Program Director, Dermott Juvenile Treatment Facility, et al. DEFENDANTS ORDER 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: 1. The Motion to Withdraw (docket entry #9) is DENIED, as improperly filed. 2. Elps’ Motion to Voluntarily Dismiss (docket entry #6) is GRANTED, and this case is DISMISSED WITHOUT PREJUDICE. 3. Elps’ Application to Proceed In Forma Pauperis (docket entry #1) and his Motion for Appointment of Counsel (docket entry #4) are DISMISSED AS MOOT. 4. 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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