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)

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