Shields v. Walton et al

Filing 34

ORDER ADOPTING 32 Report and Recommendations in their entirety; therefore, pltf's complaint is DISMISSED for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury; pltf's excessive force claim against deft Walton is DISMISSED WITH PREJUDICE; all of pltf's other claims are DISMISSED WITHOUT PREJUDICE; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 3/14/11. (vjt)

Shields v. Walton et al

Doc. 34

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION WENDELL A. SHIELDS ADC #550077 v. PATRICK WALTON, et al. NO. 2:10CV00118 JLH DEFENDANTS PLAINTIFF

ORDER The Court has reviewed the Proposed Findings and 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 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. Plaintiff's complaint is DISMISSED for failure to introduce sufficient evidence to

create a fact issue to be submitted to a jury. 2. Plaintiff's excessive force claim against Defendant Patrick Walton is DISMISSED

WITH PREJUDICE. 3. 4. All of Plaintiff's other claims are DISMISSED WITHOUT PREJUDICE. The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith. DATED this 14th day of March, 2011.

UNITED STATES DISTRICT JUDGE

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