Johnson v. Paige et al

Filing 86

ORDER approving and adopting 77 80 Proposed Findings and Recommendation in their entirety as this Court's findings in all respects; denying 73 motion for declaratory judgment; granting 64 motion for summary judgment; and dismissing Mr. Johnson's claims against defendants Haley, Faust, Evans, and Hutchinson without prejudice. Signed by Judge Kristine G. Baker on 02/22/2016. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION WILBERT LEZELL JOHNSON ADC #84494 v. PLAINTIFF Case No. 1:14-cv-00163 KGB JOE PAIGE, et al. DEFENDANTS ORDER The Court has reviewed two separate Proposed Findings and Recommendation submitted by United States Magistrate Judge Patricia S. Harris, as well as plaintiff Wilbert Lezell Johnson’s objections (Dkt. Nos. 77, 80, 82, 83). After careful review of these documents and a de novo review of the record, the Court concludes that the first Proposed Findings and Recommendation (Dkt. No. 77) and the second Proposed Findings and Recommendation (Dkt. No. 80) 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. Mr. Johnson’s motion for declaratory judgment and injunctive relief is denied (Dkt. No. 73). 2. Separate defendants Peggy Haley, Nurzuhal Faust, Marvin Evans, and Chelsie Hutchinson’s motion for summary judgment is granted, and Mr. Johnson’s claims against defendants Haley, Faust, Evans, and Hutchinson are dismissed without prejudice (Dkt. No. 64). Dated this the 22nd day of February, 2016. _______________________________ Kristine G. Baker United States District Judge

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