Cantrell v. Mills et al, No. 2:2011cv00228 - Document 58 (E.D. Ark. 2013)

Court Description: ORDER approving and adopting in their entirety as this Court's findings in all respects 57 Proposed Findings and Recommendations; granting 53 Defendant's Motion for Summary Judgment; dismissing 2 Plaintiff's Complaint without pr ejudice with respect to his claim against Defendant Juanita Mills; dismissing Plaintiff's Complaint with prejudice in all other respects; and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody on 5/1/2013. (dmn)
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Cantrell v. Mills et al Doc. 58 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JIMMY SHANE CANTRELL ADC #98730 V. PLAINTIFF NO: 2:11CV00228 JMM JUANITA MILLS et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young. 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. IT IS THEREFORE ORDERED THAT: 1. Defendant’s motion for summary judgment (docket entry #53) is GRANTED, and Plaintiff’s complaint is DISMISSED. 2. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE with respect to his claim against Defendant Juanita Mills. 3. Plaintiff’s complaint is DISMISSED WITH PREJUDICE in all other respects. 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 1st day of May, 2013. UNITED STATES DISTRICT JUDGE Dockets.Justia.com