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)

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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 -2­

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