Green v. Bradley et al

Filing 60

ORDER approving and adopting in their entirety 54 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part 50 defendants' motion for summary judgment; 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 4/13/2018. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION RICKIE GREEN, ADC #117055 v. PLAINTIFF No. 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 and plaintiff=s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Partial Recommended Disposition (Document #54) 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. Defendants’ motion for summary judgment (Document #50) is GRANTED IN PART and DENIED IN PART: A. The motion is GRANTED in part and plaintiff’s official capacity claims against defendants are dismissed. B. The motion is DENIED with regard to plaintiff’s personal capacity claims and defendants’ request for qualified immunity. 2. 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 13th day of April, 2018. __________________________________ UNITED STATES DISTRICT JUDGE

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