Whitney v. Kelly et al

Filing 8

ORDER adopting in its entirety 6 the recommended disposition; granting 5 Whitney's motion for ruling; denying 1 2 Whitney's petition and amended petition; dismissing this case, without prejudice; and certifying that an in forma pauperis appeal from this order and judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/24/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES E. WHITNEY
ADC #163817
v.

PLAINTIFF

CASE NO. 5:17-CV-00173 BSM

WENDY KELLY,
Director, ADC, et al.

DEFENDANTS
ORDER

The recommended disposition [Doc. No. 6] submitted by United States Magistrate
Judge J. Thomas Ray and plaintiff James Whitney’s objection [Doc. No. 7] thereto have been
received. After de novo review, the recommended disposition is adopted in its entirety.
Accordingly, Whitney’s motion for ruling [Doc. No. 5] is granted; the relief sought in
Whitney’s petition and amended petition [Doc. Nos. 1, 2] is denied; this case is dismissed
without prejudice; and it is certified that an in forma pauperis appeal from this order and
judgment would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 24th day of August 2017.

________________________________
UNITED STATES DISTRICT JUDGE