May v. Maples et al

Filing 65

ORDER ADOPTING 64 Proposed Findings and Recommended Disposition. Defendants' 56 Motion for Summary Judgment is GRANTED, and Plaintiff's Complaint is DISMISSED WITH PREJUDICE with respect to his claims against Defendants Ant'e, Burnside, Davis, Ford, Garcia, Maples, Stevenson, and Jeffrey Rizer, and DISMISSED WITHOUT PREJUDICE in all other respects. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 12/1/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
JOSEPH W. MAY
ADC #100355
V.

PLAINTIFF

NO: 1:13CV00113 JM

JOHN MAPLES, JR. et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young. 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.

The motion for summary judgment filed by Defendants Alfredo Ant’e, Paul Burnside,

Chad Davis, Calvin Ford, Antonio Garcia, John Maples, Jr., and Trevor Stevenson (docket entry
#56) is GRANTED, and Plaintiff’s complaint is DISMISSED.
2.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE with respect to his claims

against Defendants Ant’e, Burnside, Davis, Ford, Garcia, Maples, Stevenson, and Jeffrey Rizer, and
DISMISSED WITHOUT PREJUDICE in all other respects.
3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 1st day of December, 2014.

UNITED STATES DISTRICT JUDGE