Wright v. Lane et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS 41 granting 35 Motion for Summary Judgment filed by defts and dismissing the case with prejudice; the Court certifies that an ifp appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody on 7/13/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JAMES BENJAMIN WRIGHT ADC #104462 V. 1:08CV00040 JMM/JTR

PLAINTIFF

BRANDON K. LANE, Corporal, North Central Unit, Arkansas Department of Correction, et al. ORDE R

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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. Defendants' Motion for Summary Judgment (docket entry #35) is GRANTED, and

this case is DISMISSED, WITH PREJUDICE. 2. The Court 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. Dated this 13 day of July , 2009.

UNITED STATES DISTRICT JUDGE