Thurmond v. Elkins et al, No. 4:2017cv00314 - Document 44 (E.D. Ark. 2017)

Court Description: ORDER approving and adopting 34 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice Plaintiff's claims against Defendants Ryan M. Britton and Sara E. Ault for failure to state a claim upon which relief may be granted; and certifying an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/13/2017. (cmn)
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Thurmond v. Elkins et al Doc. 44 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION SAM EDWARD THURMOND, SR. ADC #127149 V. PLAINTIFF CASE NO. 4:17CV00314 JM DELLWYN ELKINS, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Jerome T. Kearney. After a careful review of Mr. Thurmond’s timely objections, and upon a de novo review of the record, 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. Plaintiff’s claims against Defendants Ryan M. Britton and Sarah E. Ault be DISMISSED without prejudice for failure to state a claim upon which relief may be granted. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. IT IS SO ORDERED this 13th day of November, 2017. ___________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com