Johnson v. Mallory et al

Filing 6

ORDER ADOPTING 4 Proposed Findings and Recommended Disposition in their entirety in all respects; granting 3 Johnson's motion to voluntarily dismiss, without prejudice; and denying as moot, all other pending motions. An in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Judge Brian S. Miller on 1/12/2012. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WILBERT LEZELL JOHNSON, ADC #84494 v. PLAINTIFF CASE NO. 5:11CV00309 BSM/HDY MALLORY, et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young Ray and have been reviewed. No objections were filed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Johnson’s motion to voluntarily dismiss his complaint [Doc. No. 3] be GRANTED, and Johnson’s complaint be DISMISSED WITHOUT PREJUDICE. 2. All other pending motions be DENIED AS MOOT. 3. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Dated this 12th day of January 2012. ________________________________ UNITED STATES DISTRICT JUDGE

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