Mendiola v. Byers et al, No. 5:2013cv00221 - Document 71 (E.D. Ark. 2015)

Court Description: ORDER approving and adopting the 64 Findings and Recommendations in their entirety as this Court's findings in all respects. 46 Motion for Summary Judgment is granted. 55 Cross-motion for summary judgment is denied. This case is dismissed without prejudice. Judgment will be entered for the defendants. The Court certifies that an in forma pauperis appeal would be frivolous and not taken in good faith. Signed by Judge J. Leon Holmes on 3/30/2015. (jak)

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Mendiola v. Byers et al Doc. 71 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOSE ENRIQUE MENDIOLA v. PLAINTIFF NO. 5:13-cv-00221 JLH JARED BYERS, ROBERT PIERCE, and CYNTHIA G. COURINGTON DEFENDANTS ORDER The Court has received findings and a recommendat ion from Magist rat e Judge H. David Young. No obj ect ions have been filed. Aft er careful review, t he Court concludes t hat t he findings and recommendat ion should be, and hereby are, approved and adopt ed in t heir ent iret y as t his Court ’ s findings in all respect s. The mot ion for summary j udgment filed by defendant s Jared Byers, Robert Pierce, and Cynt hia G. Couringt on is grant ed. See Pleading 46. The cross mot ion for summary j udgment filed by plaint iff Jose Enrique Mendiola is denied. See Pleading 55. This case is dismissed wit hout prej udice. Judgment will be ent ered for t he defendant s. The Court cert ifies t hat an in forma pauperis appeal would be frivolous and not t aken in good fait h. See 28 U.S.C. 1915(a)(3). IT IS SO ORDERED t his 30t h day of March, 2015. UNITED STATES DISTRICT JUDGE

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