Cole v. Payne et al, No. 2:2021cv00079 - Document 4 (E.D. Ark. 2023)
Court Description: ORDER adopting 3 Proposed Findings and Recommendations as this Court's findings in all respects. The Court dismisses without prejudice this case and certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 2/2/2023. (jak)
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THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION STEPHON COLE ADC # 155855 v. PLAINTIFF Case No. 2:21-cv-00079-KGB DEXTER PAYNE, et al. DEFENDANTS ORDER Before the Court are the Proposed Findings and Recommendations (“Recommendation”) submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 3). No objections have been filed, and the deadline to file objections has passed. Judge Volpe recommends that plaintiff Stephon Cole’s complaint be dismissed for failure to prosecute. After careful consideration, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. The Court dismisses without prejudice this case and certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. It is so ordered this 2nd day of February, 2023. _________________________________ Kristine G. Baker United States District Judge
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