Ainley v. Hobbs

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS 43 granting defts' 23 37 Motions for Summary Judgment and dismissing the complaint without prejudice. Signed by Judge D. P. Marshall Jr. on 5/16/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION I' TONY CURTIS AINLEY JR. ADC#140402 v. PLAINTIFF No.5:11-cv-247-DPM-HDY RAY HOBBS, Director, Arkansas Department of Correction; and CHARLES FREYDER, Chaplain Varner Unit, Arkansas Department of Correction DEFENDANTS ORDER The Court has considered Magistrate Judge H. David Young's Proposed I' Findings and Recommendations, Document No. 43. No one has objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts the proposal as its own. Hobbs's and Freyder's motions for summary judgment, Document Nos. 23 & 3 7, are granted. Ainley's complaint is dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this order and the accompanying judgment would be frivolous and not in good faith. I' So Ordered. I D.P. Marshall Jr. ~ United States District Judge I' -2­ I'

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