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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?