Garner v. Cashion et al

Filing 56

ORDER ADOPTING 53 Proposed Findings and Recommendations of Magistrate Judge. Defendant's 47 Motion for Summary Judgment is granted, and Mr. Garner's complaint is dismissed without prejudice. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivilous and not in good faith. Signed by Judge Kristine G. Baker on 5/30/2013. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
HOWARD VANCE GARNER
ADC #98409
v.

PLAINTIFF

Case No.: 5:12-cv-00217 KGB/HDY

MARK CASHION et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge H. David Young and the objections filed by Howard Vance
Garner. After carefully considering the objections and making a de novo review of the record in
this case, the Court concludes that the Proposed Findings and Recommendations should be, and
hereby are, approved and adopted in their entirety as this Court's findings in all respects.

IT IS THEREFORE ORDERED THAT:
1.

Defendants’ motion for summary judgment (Dkt. No. 47) is granted, and Mr.
Garner’s complaint is dismissed without prejudice.

2.

The Court certifies that an in forma pauperis appeal taken from the order and
judgment dismissing this action is considered frivolous and not in good faith.

SO ORDERED this 30th day of May, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE