Odom v. Banks et al

Filing 62

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

v.

PLAINTIFF

No.5:11-cv-260-DPM

JIMMY BANKS, Warden, Varner
Unit, ADC; ANTWON EMSWELLER,
Lieutenant, Varner Unit, ADC; JOHN
& JANE DOES, ADC; and MEINZER,
Assistant Warden, Varner Super Max

DEFENDANTS

ORDER

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.
So Ordered.

D.P. Marshall Jr.

United States District Judge

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