Green v. Bradley et al

Filing 43

ORDER approving and adopting in their entirety the 39 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; directing the Clerk to amend the docket to reflect the full names of Defendants Dexter Payne , Clinton Baker, John Alexander, Daniel Neitz, Adam Robertson, and Jeffrey Rizor; granting in part and denying in part Defendants' 21 Motion for Summary Judgment; dismissing Defendants Neitz, Robertson, Bradley, Earl, and Payne from this action without prejudice; and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 10/17/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
RICKIE GREEN
ADC #117055

PLAINTIFF

v.

1:17CV00032-JLH-JJV

TONI BRADLEY,
Warden, Grimes Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial 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.

The Clerk amend the docket to reflect the full names of Defendants Dexter Payne,

Clinton Baker, John Alexander, Daniel Neitz, Adam Robertson, and Jeffrey Rizor.
2.

Defendants’ Motion for Summary Judgment (Doc. No. 21) is GRANTED IN

PART and DENIED IN PART:
A.

The Motion is GRANTED to the extent Plaintiff’s excessive force claims

against Defendants Neitz and Robertson and his failure to investigate claims against Defendants
Bradley, Earl, Payne, and Culclager are dismissed for failure to exhaust administrative remedies.
B.

The Motion is DENIED to the extent Plaintiff’s excessive force claims

against Defendants Whatley, Johnson, and Rizor are allowed to proceed.

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3.

Defendants Neitz, Robertson, Bradley, Earl, and Payne are DISMISSED from this

action without 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 would not be taken in good faith.
DATED this 17th day of October, 2017.

_______________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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