Hicks v. Butts et al

Filing 39

ORDER adopting 37 Report and Recommendations in their entirety; therefore, defts' 31 Motion for Summary Judgment is GRANTED, and this case is DISMISSED WITH PREJUDICE; judgment will be entered accordingly. Signed by Judge Brian S. Miller on 2/10/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION OLAJUWON HICKS ADC #122781 V. 1:09CV00011 BSM/JTR DEFENDANTS PLAINTIFF

BRENT BUTTS, Sergeant Grimes Unit, Arkansas Department of Correction ORDER

The court has received the proposed findings and recommended disposition submitted by United States Magistrate Judge J. Thomas Ray. The parties have filed no objections. After carefully reviewing the recommended disposition and reviewing the record de novo, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in all respects in their entirety. IT IS THEREFORE ORDERED that: 1. Defendant's motion for summary judgment (docket entry #31) is GRANTED,

and this case is DISMISSED, WITH PREJUDICE. 2. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), than an in forma pauperis

appeal from this order and the accompanying judgment would not be taken in good faith. Dated this 10th day of February, 2010.

UNITED STATES DISTRICT JUDGE