Garner v. Cashion et al, No. 5:2012cv00217 - Document 56 (E.D. Ark. 2013)

Court Description: ORDER ADOPTING 53 Proposed Findings and Recommendations of Magistrate Judge. Defendant's 47 Motion for Summary Judgment is granted, and Mr. Garner's complaint is dismissed without prejudice. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivilous and not in good faith. Signed by Judge Kristine G. Baker on 5/30/2013. (mcz)

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Garner v. Cashion et al Doc. 56 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION HOWARD VANCE GARNER ADC #98409 v. PLAINTIFF Case No.: 5:12-cv-00217 KGB/HDY MARK CASHION et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge H. David Young and the objections filed by Howard Vance Garner. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommendations 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. Defendants’ motion for summary judgment (Dkt. No. 47) is granted, and Mr. Garner’s complaint is dismissed without prejudice. 2. 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. SO ORDERED this 30th day of May, 2013. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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