Perry v. Kelley et al

Filing 41

ORDER approving and adopting in their entirety the 9 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; denying 6 Plaintiff's Motion for Class Certification and Appointment of Class Counsel; and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/20/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ZECKEYA PERRY ADC #156241 v. PLAINTIFF 5:17CV00269-JM-JJV WENDY KELLEY, Director, 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 and Plaintiff=s Objections. After carefully considering the objections and making a de novo review of the record, 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 Motion for Class Certification and Appointment of Class Counsel (Doc. No. 6) is DENIED. 2. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. DATED this 20th day of November, 2017. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1

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