Johnson v. Straughn et al

Filing 31

ORDER adopting 26 Recommended Disposition as this Court's findings in all respects. The Court dismisses without prejudice the action for failure to prosecute pursuant to Local Rule 5.5 (c)(2). The Court certifies that an in forma pauperis appeal would not be taken in good faith. The Court denies as moot 18 Motion to Dismiss. Signed by Judge Kristine G. Baker on 6/30/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DERRICK JOHNSON,
ADC #106719
v.

PLAINTIFF
Case No. 5:15-cv-377-KGB

KEITH WADDLE,
Disciplinary Hearing Officer,
Cummins Unit, ADC

DEFENDANT
ORDER

Before the Court is the Recommended Disposition issued by United States Magistrate
Judge J. Thomas Ray (Dkt. No. 26). Plaintiff Derrick Johnson has not filed any objection, and the
time to file an objection has passed. After careful consideration of the Recommended Disposition,
the Court concludes that the Recommended Disposition should be, and hereby is, approved as this
Court’s findings in all respects.
The Court dismisses without prejudice the action for failure to prosecute pursuant to Local
Rule 5.5(c)(2). Pursuant to 28 U.S.C. §1915(a)(3), this Court certifies that an in forma pauperis
appeal would not be taken in good faith. Having dismissed the action, the Court denies as moot
defendant Keith Waddle’s pending motion to dismiss (Dkt. No. 18).
It is so ordered this the 30th day of June, 2017.

________________________
Kristine G. Baker
United States District Judge