Mendiola v. Byers et al

Filing 71

ORDER approving and adopting the 64 Findings and Recommendations in their entirety as this Court's findings in all respects. 46 Motion for Summary Judgment is granted. 55 Cross-motion for summary judgment is denied. This case is dismissed without prejudice. Judgment will be entered for the defendants. The Court certifies that an in forma pauperis appeal would be frivolous and not taken in good faith. Signed by Judge J. Leon Holmes on 3/30/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOSE ENRIQUE MENDIOLA
v.

PLAINTIFF
NO. 5:13-cv-00221 JLH

JARED BYERS, ROBERT PIERCE,
and CYNTHIA G. COURINGTON

DEFENDANTS

ORDER
The Court has received findings and a recommendation from Magistrate Judge
H. David Young. No objections have been filed. After careful review, the Court concludes
that the findings and recommendation should be, and hereby are, approved and adopted
in their entirety as this Court’s findings in all respects. The motion for summary
judgment filed by defendants Jared Byers, Robert Pierce, and Cynthia G. Courington is
granted. See Pleading 46. The cross motion for summary judgment filed by plaintiff Jose
Enrique Mendiola is denied. See Pleading 55. This case is dismissed without prejudice.
Judgment will be entered for the defendants. The Court certifies that an in forma
pauperis appeal would be frivolous and not taken in good faith. See 28 U.S.C. 1915(a)(3).
IT IS SO ORDERED this 30th day of March, 2015.

UNITED STATES DISTRICT JUDGE