Smith v. State of Tennessee et al

Filing 21

ORDER: The Report and Recommendations 19 is Adopted and Approved. Defendant's Motion to Dismiss 13 is GRANTED and Plaintiff's Motion to Dismiss 17 is DENIED. For the reasons stated in the Report and Recommendation, an appeal would not be taken in good faith. Therefore, Plaintiff is not certified to pursue an appeal in forma pauperis. 28U.S.C. § 1915(a)(3). This order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by Chief Judge Todd J. Campbell on 7/21/09. (cc: Pltf by reg. & cert. mail)(dt)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION HARVEY SMITH Plaintiff, v. STATE OF TENNESSEE, NASHVILLE TN BOARD OF PROBATION AND PAROLE Defendant. ) ) ) ) ) ) ) ) )

NO. 3:08-0964 JUDGE CAMPBELL MAGISTRATE JUDGE GRIFFIN

ORDER Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 19), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, the Defendant's Motion to Dismiss (Docket No. 13) is GRANTED and Plaintiff's Motion to Dismiss (Docket No. 17) is DENIED. For the reasons stated in the Report and Recommendation, an appeal would not be taken in good faith. Therefore, Plaintiff is not certified to pursue an appeal in forma pauperis. 28 U.S.C. § 1915(a)(3). This order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. __________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE