Blasingame v. York et al

Filing 37

ORDER approving and adopting in their entirety 36 proposed findings and recommended disposition; granting 26 and 29 Defendants' motions for summary judgment; denying 33 Plaintiff's motion for summary judgment; and certifying that an informa pauperis appeal dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 10/17/2014. (ljb)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FRANK JAMES BLASINGAME ADC #140321 v. PLAINTIFF CASE NO: 5:13CV00348 BSM DEBRA YORK et al. DEFENDANTS ORDER The proposed findings and recommended disposition 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 proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety. IT IS THEREFORE ORDERED THAT: 1. Defendants’ motions for summary judgment [Doc. Nos. 26 & 29] are granted, and plaintiff’s complaint is dismissed with prejudice. 2. Plaintiff’s motion for summary judgment [Doc. No. 33] is denied. 3. 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 17th day of October 2014. UNITED STATES DISTRICT JUDGE

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