Johnson v. Hubbard et al
Filing
68
ORDER ADOPTING 67 Proposed Findings and Recommended Disposition. Defendant James Russell's 59 Motion for Summary Judgment is GRANTED. Plaintiff's excessive force claims against Defendant Russell are DISMISSED without prejudice for failure to exhaust. Any other pending motions are DENIED as moot. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 8/31/2015. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
WILBERT LEZELL JOHNSON,
ADC # 84494
v.
PLAINTIFF
1:14CV00107-JM-JJV
JAMES RUSSELL
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 Partial 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.
Defendant James Russell’s Motion for Summary Judgment (Doc. No. 59) is
GRANTED.
2.
Plaintiff’s excessive force claims against Defendant James Russell are DISMISSED
without prejudice for failure to exhaust.
3.
Any other pending motions are DENIED as moot.
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.
DATED this 31st day of August, 2015.
_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
1
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