Pearcy v. Partain

Filing 20

ORDER adopting 19 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects. Defendant's motion for sanctions, 17 , is granted in part and denied in part. This action is dismissed without pre judice due to Plaintiff's failure to diligently prosecute it. The parties shall bear their own costs at this time. If Plaintiff attempts to revisit this matter, he shall compensate Defendant Partain for the April 7, 2015 court reporter's fee before being allowed to proceed. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 6/4/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KEVIN RAY PEARCY,
ADC # 146408
v.

PLAINTIFF

No. 5:14CV00348-JLH-JJV

JULIA PARTAIN, Licensed Certified
Social Worker, Varner Unit, ADC

DEFENDANT
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. 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.

Defendant’s Motion for Sanctions (Doc. No. 17) is GRANTED in part and DENIED

in part:
A.

This action is DISMISSED without prejudice due to Plaintiff’s failure to

diligently prosecute it.
B.

The parties shall bear their own costs at this time. If Plaintiff attempts to

revisit this matter, he shall compensate Defendant Partain for the April 7, 2015 court reporter’s fee
before being allowed to proceed.
2.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
SO ORDERED this 4th day of June, 2015.
___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE