James v. Ball et al

Filing 55

ORDER ADOPTING 35 the proposed findings and recommended partial disposition; granting 31 Separate defendant Kelley's motion for summary judgment; and dismissing, without prejudice, defendant Kelley from this action. Signed by Judge Brian S. Miller on 5/17/2012. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DONNIE B. JAMES, ADC #89050 v. PLAINTIFF CASE NO. 2:11CV00161 BSM/JTR DR. DON BALL, Correctional Medical Services, Inc. et al. DEFENDANTS ORDER The proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray have been reviewed. No objections were filed. After carefully considering this document and making a de novo review of the record, it is concluded that the proposed findings and recommended partial disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Separate defendant Kelley’s motion for summary judgment [Doc. No. 31] is granted, and she is dismissed without prejudice from this action. 2. It is hereby certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith. Dated this 17th day of May 2012. ________________________________ UNITED STATES DISTRICT JUDGE

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