Irby v. Cantwell et al

Filing 30

ORDER ADOPTING 29 Report and Recommendations granting 23 Motion for Summary Judgment. It is certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 10/19/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ZEAVON MONTREAL IRBY

PLAINTIFF

CASE NO. 5:12CV00099 BSM/BD
DANIEL CANTWELL, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition [Doc. No. 29] submitted by
United States Magistrate Judge Beth Deere have been reviewed. No objections have been
filed. After careful consideration and a de novo review of the record, it is found that the
proposed findings and recommended disposition should be, and hereby are, approved and
adopted in their entirety.
IT IS THEREFORE ORDERED THAT:
1.

Defendants Daniel Cantwell and Lee Elkins’s motion for summary judgment

[Doc. No. 23] is granted, and plaintiff Zeavon Irby’s claims against them are dismissed with
prejudice.
2.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order would not be taken in good faith.
Dated this 19th day of October 2012.

________________________________
UNITED STATES DISTRICT JUDGE