Smith v. Rector et al

Filing 15

ORDER adopting 13 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects. Plaintiff's claims against defendants Robert Parker and Niya W. Battles are DISMISSED without prejudice f or failure to state a claim upon which relief may be granted. 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. Signed by Judge J. Leon Holmes on 3/4/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION COURTNEY SMITH, ADC # 149926 v. PLAINTIFF No. 5:15CV00015-JLH-JJV ANNIE RECTOR, Mental Health Counselor, Arkansas Department of Correction; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial 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 Partial 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. Plaintiff’s claims against defendants Robert Parker and Niya W. Battles are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 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 March, 2015. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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