McWhirter v. Ramsey et al

Filing 76

ORDER ADOPTING 75 proposed findings and recommendations in their entirety; granting 62 Defendant Ramsey's motion for summary judgment; granting 65 Defendant Horn, Hopkins and Cowell's motion for summary judgment. Signed by Judge Susan Webber Wright on 4/14/2014. (mmd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

MICKEY MCWHIRTER,
ADC #84977
V.

PLAINTIFF
2:12CV00199 SWW/JTR

RAYLINA RAMSEY,
Classification Officer, Grimes Unit, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition
submitted by United States Magistrate Judge J. Thomas Ray. No objections have been
filed. After careful review, 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.

Defendant Ramsey's Motion for Summary Judgment (Docs. 62) is

GRANTED, and the cruel and unusual punishment claim raised against her is
DISMISSED, WITH PREJUDICE, while the retaliation claim raised against her is
DISMISSED, WITHOUT PREJUDICE.
2.

Defendant Horn, Hopkins, and Cowell's Motion for Summary Judgment

(Docs. 65) is GRANTED, and all claims raised against them are DISMISSED, WITH

PREJUDICE.
3.

The Court CERTIFIES, 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 14th day of April 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE