Brown v. Avant et al

Filing 92

ORDER ADOPTING 84 Partial Report and Recommendations in their entirety; therefore, defts' 54 Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED IN PART; the motion is GRANTED to the extent that all of pltf's claims re du e process and claims re disciplinary convictions are dismissed; all of pltf's claims against defts Wendy Kelley and Essie Clay are dismissed; defts' motion is DENIED in all other respects. Signed by Judge Susan Webber Wright on 5/11/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BRANDON EVERETT BROWN ADC #142315 V. MARCO AVANT et al. ORDER The Court has reviewed the Proposed Findings and Partial 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 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 motion for summary judgment filed by Defendants Wendy Kelley, Marco Avant, NO: 2:09CV00133 SWW/HDY DEFENDANTS PLAINTIFF

Wanda Brooks, Essie Clay, and Greg Harmon (docket entry #54) is GRANTED IN PART AND DENIED IN PART. 2. The motion is GRANTED to the extent that all of Plaintiff's claims regarding due

process, and any claims made in connection with his disciplinary convictions are dismissed; all of Plaintiff's claims against Defendants Wendy Kelley and Essie Clay are dismissed, and the names of Kelley and Clay are removed as party Defendants. 3. Defendants' motion is DENIED in all other respects.

DATED this 11th day of May, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE