Opinion
4:23-cv-00763-KGB
08-28-2024
ANTHONY MELATIAH NELSON AKKUB ADC # 098719 PLAINTIFF v. D. COOKLEY, Cpl., individual, Cummins Unit, ADC, et al. DEFENDANTS
ORDER
Kristine G. Baker Chief United States District Judge
Before the Court is plaintiff Anthony Melatiah Nelson Akkub's motion of dismissal of actions (Dkt. No. 8). Mr. Akkub seeks to voluntarily dismiss his action pursuant to Federal Rule of Civil Procedure 41(a) (Id., at 1). On October 25, 2023, United States Magistrate Judge Joe J. Volpe submitted a Recommended Disposition (“Recommendation”) in which he recommends that this Court grant Mr. Akkub's motion of dismissal of actions, dismiss this case without prejudice, and certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal of an Order adopting the Recommendation and accompanying judgment would not be taken in good faith (Dkt. No. 9, at 2). Mr. Akkub has not filed any objections, and the time to file objections has passed. Accordingly, after careful consideration, the Court approves and adopts the Recommendation in its entirety as this Court's findings in all respects (Dkt. No. 9). Mr. Akkub's claims are dismissed without prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and accompanying Judgment would be frivolous and not taken in good faith.
It is so ordered