Odom v. Banks et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing Odom's complaint with prejudice and denying as moot Odom's pending motion for partial summary judgment 48 . Signed by Judge D. P. Marshall Jr. on 4/6/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL LAYNE ODOM
ADC # 98676
JIMMY BANKS, Warden, Varner
Unit, ADC; ANTWON EMSWELLER,
Lieutenant, Varner Unit, ADC; JOHN
& JANE DOES, ADC; and MEINZER,
Assistant Warden, Varner Super Max
The parties jointly moved to dismiss this case with prejudice, informing
United States Magistrate Judge Young that the parties had reached a
compromise. Document No. 59. Judge Young then entered his proposed
findings and recommendations that the case should be dismissed with
prejudice per the parties' compromise. Document No. 60. Odom did not
object. Having reviewed the proposal for clear errors of fact on the face of the
record, FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition), and
for legal error, the Court adopts Judge Young's proposed findings and
recommendations as its own. 28 U.S.C. § 636(b)(1)(B). And the Court certifies
that an in forma pauperis appeal from this dismissal would be frivolous and
not taken in good faith.
The Court dismisses adorn's complaint, Document No.2, with prejudice
and denies as moot adorn's pending motion for partial summary judgment,
Document No. 48.
D.P. Marshall Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?