Mitchell v. Arkansas Department of Correction

Filing 37

ORDER adopting 36 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 22 Motion for Summary Judgment; denying 19 Motion to Revoke. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 3/31/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
KEVIN MARTIN MITCHELL, SR.
ADC #500399
v.

PLAINTIFF

Case No. 1:13-cv-00092-KGB

KATHERINE KING, LPN
Maximum Security Unit, ADC

DEFENDANT
ORDER

The Court has received Proposed Findings and Recommended Partial Disposition from
United States Magistrate Judge J. Thomas Ray recommending that the Court deny defendant
Katherine King’s motion to revoke plaintiff Kevin Martin Mitchell, Sr.’s in forma pauperis
status (Dkt. No. 21). No objections have been filed, and the time for filing objections has passed.
After careful consideration, the Court finds that the Proposed Findings and Recommended
Partial Disposition should be, and hereby are, approved and adopted in their entirety as this
Court’s findings in all respects.
The Court has also received Proposed Findings and Recommended Disposition from
Judge Ray recommending that the Court grant Ms. King’s motion for summary judgment (Dkt.
No. 36). No objections have been filed, and the time for filing objections has passed. After
careful consideration, the Court finds 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.

The Court denies Ms. King’s motion to revoke Mr. Mitchell’s in forma pauperis

status (Dkt. No. 19).

2.

The Court grants Ms. King’s motion for summary judgment (Dkt. No. 22) and

dismisses this case without prejudice.
4.

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

appeal from this Order would not be taken in good faith.
SO ORDERED this the 31st day of March, 2015.

______________________________
Kristine G. Baker
United States District Judge

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