Tolefree v. Hubbard et al

Filing 37

ORDER adopting 36 proposed findings and recommendations in their entirety as this Courts findings in all respects; granting 28 motion for summary judgment; dismissing plaintiff's complaint without prejudice. An in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 4/11/2014. (mmd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DEADRUN L. TOLEFREE ADC #655673 v. PLAINTIFF Case No. 5:13-cv-00255 KGB CONNIE HUBBARD, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young (Dkt. No. 36). 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. Defendants’ motion for summary judgment (Dkt. No. 28) 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. SO ORDERED this 11th day of April, 2014. ____________________________________ Kristine G. Baker United States District Judge  

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