Chestang v. Warren et al

Filing 23

ORDER ADOPTING 19 Proposed Findings and Recommendation. Plaintiff's 17 Motion to Voluntarily Dismiss claims against defendant James Plummer is granted; Plaintiff's 20 Motion to Modify Order is denied; Plaintiff's 21 Motion for a copy of his 20 Motion to Modify is granted. The Clerk is directed to send Plaintiff a copy of the Motion to Modify. The Court certifies that an in forma pauperis appeal from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 12/12/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KEONDRA M. CHESTANG
ADC # 134005
V.

PLAINTIFF

NO: 5:16CV00215 JM

BRUCE WARREN 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.
On November 18, 2016, Plaintiff filed a Motion to Modify Order. Plaintiff contends that the
Court did not consider her objections filed on October 17, 2016 (Doc. No. 15). The Court reviewed
Plaintiff’s objections and so stated in the Order dated October 21, 2016 (Doc. No. 16). For this
reason, the motion is DENIED.
On November 30, 2016, Plaintiff filed a motion seeking a copy of her Motion to Modify
Order. That motion (Doc. No. 21) is GRANTED. The Clerk is directed to send Plaintiff a copy of
the Motion to Modify.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff KeOndra M. Chestang’s motion to voluntarily dismiss his claims against

defendant James Plummer, (Doc. No. 17), is GRANTED, and Chestang’s claims against Plummer
are DISMISSED WITHOUT PREJUDICE.
2.

Plaintiff’s Motion to Modify Order (Doc. No. 20) is DENIED.

3.

Plaintiff’s motion (Doc. No. 21) for a copy of his Motion to Modify (Doc. 20) is
GRANTED. The Clerk is directed to send Plaintiff a copy of the Motion to Modify.

4.

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 12th day of December, 2016.

UNITED STATES DISTRICT JUDGE