Waller v. Corizon Inc et al

Filing 73

ORDER approving and adopting in their entirety in all respects 71 and 72 partial recommended disposition; granting 65 motion for summary judgment; and considering frivolous and not in good faith an in forma pauperis appeal. Plaintiff's c laims against Corizon and Nance are dismissed with prejudice and Corizon and Nance are removed as party defendants. Plaintiff's complaint is dismissed without prejudice for failure to pay the filing fee, failure to comply with Local Rule 5.5(c)(2), and for failure to respond to the court's order. Signed by Chief Judge Brian S. Miller on 12/24/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH L. WALLER
v.

PLAINTIFF
CASE NO: 5:13CV00296 BSM

CORIZON LLC et al.

DEFENDANTS
ORDER

The partial recommended disposition and proposed findings and recommended
disposition (“recommendations”) submitted by United States Magistrate Judge H. David
Young have been received. No objections have been filed. After careful consideration, it
is concluded that the recommendations should be, and hereby are, approved and adopted in
their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

The motion for summary judgment filed by Corizon LLC and Melvin Nance

[Doc. No. 65] is granted, plaintiff’s claims against Corizon and Nance are dismissed with
prejudice, and Corizon and Nance are removed as party defendants.
2.

Plaintiff’s complaint is dismissed without prejudice for failure to pay the filing

fee, failure to comply with Local Rule 5.5(c)(2), and for failure to respond to the court’s
order.
3.

It is further certified 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 24th day of December 2014.

_
UNITED STATES DISTRICT JUDGE