Tucker v. Correctional Medical Services Inc et al

Filing 132

ORDER ADOPTING 84 Partial Report and Recommendations granting 54 Motion for Partial Summary Judgment filed by Wendy Kelley and dismissing her without prejudice as a party defendant; denying 73 Motion for Judgment filed by Richard Scott Tucker; and certifying that an ifp appeal taken from this order is considered frivolous and not in good faith. Signed by Judge Brian S. Miller on 3/15/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RICHARD SCOTT TUCKER ADC #122704 V. NO: 2:09CV00151 BSM/HDY DEFENDANTS ORDER The court has received the partial recommended disposition from Magistrate Judge H. David Young. After carefully considering the partial recommended disposition, the objections, and making a de novo review of the record in this case, the court concludes that the partial recommended disposition should be, and hereby is, approved and adopted in all respects in its entirety. Defendant Wendy Kelley's motion for partial summary judgment (docket entry #54) is GRANTED, plaintiff's claims against Kelley are DISMISSED without prejudice, and Kelley is removed as a party defendant. Plaintiff's motion for judgment on merits of the issue (docket entry #73) is DENIED. The court certifies that an in forma pauperis appeal taken from this order is considered frivolous and not in good faith. DATED this 15th day of March, 2010. PLAINTIFF CORRECTIONAL MEDICAL SERVICES INC. et al. UNITED STATES DISTRICT JUDGE 1

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