Page v. Nelson et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 ; granting 3 Motion to Dismiss and dismissing the complaint without prejudice. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 10/19/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DAVID PAGE ADC #143815 V. PLAINTIFF No. 5:12-cv-00333 KGB KENDRICK NELSON et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Disposition 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. Plaintiff’s motion to dismiss voluntarily his complaint (Dkt. No. 3) is GRANTED, and plaintiff’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. DATED this 19th day of October, 2012. ____________________________________ Kristine G. Baker United States District Judge

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