Gipson v. McClung et al

Filing 39

ORDER approving and adopting in their entirety the 38 Proposed Findings and Recommended Disposition as this Court's findings in all respects; granting Curtis Gipson's 37 motion to voluntarily dismiss his complaint to the extent that his complaint is dismissed without prejudice; denying as moot defendants' 27 and 33 motions for summary judgment; and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge J. Leon Holmes on 2/21/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CURTIS GIPSON
ADC #161642
V.

PLAINTIFF

5:16CV00211 JLH

MCCLUNG et al

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Patricia S. Harris. 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.

Plaintiff Curtis Gipson’s motion to voluntarily dismiss his complaint is GRANTED

to the extent that his complaint is DISMISSED WITHOUT PREJUDICE. Document #37.
2.

Defendants’ motions for summary judgment are DENIED AS MOOT. Documents

#27 and #33.
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 21st day of February, 2017.

__________________________________
UNITED STATES DISTRICT JUDGE