Webb v. Smay et al

Filing 58

ORDER ADOPTING REPORT AND RECOMMENDATIONS 54 and granting deft's 44 Motion for Summary Judgment. Plaintiff's complaint is dismissed without prejudice and plaintiff's official capacity claims are dismissed with prejudice. Signed by Judge James M. Moody on 5/10/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JEFFREY WEBB
ADC #551387
v.

PLAINTIFF
CASE NO. 1:09-cv-00037-JMM-JJV

CHRISTOPHER SMAY, Sgt., North Central
Unit, Arkansas Department of Correction

DEFENDANT

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, 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 (Doc. No. 44) is GRANTED.

2.

Plaintiff’s Complaint (Doc. No. 2) is DISMISSED without prejudice.

3.

Plaintiff’s official capacity claims are DISMISSED with prejudice.

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations and the accompanying Judgment would not
be taken in good faith.
DATED this 10th day of May, 2011.

JAMES M. MOODY
UNITED STATES DISTRICT JUDGE